In a ruling on Friday, a federal judge has allowed the majority of North Carolina’s revised 12-week abortion law to go into effect, while temporarily blocking one rule that raised concerns among doctors. U.S. District Judge Catherine Eagles stated that the remaining provisions of the law can be implemented starting on Saturday until further legal proceedings take place.
Abortion providers had previously requested a blanket order halting all restrictions scheduled for July 1, citing concerns about the law’s ambiguity and contradictions. However, the Republican-controlled General Assembly addressed many of these issues by revising or repealing the challenged provisions. They clarified that medication abortions will be legal in almost all cases within the first 12 weeks of pregnancy and that legal abortions remain an exception to the state’s fetal homicide statute.
Judge Eagles, who was nominated by former President Barack Obama, determined that it would be excessive to block the entire law, but she did temporarily block a rule requiring doctors to document the presence of a pregnancy in the uterus before conducting a medication abortion. This rule had raised questions and potential legal violations for providers when it comes to early pregnancies where an embryo cannot be located using an ultrasound.
Planned Parenthood attorney Peter Im stated that the plaintiffs had already achieved much of what they sought through the revisions made by the legislature. He affirmed that “it is clear that we can provide care to patients at the very earliest stages of pregnancy” due to Judge Eagles’ order. Senate leader Phil Berger’s spokesperson, Lauren Horsch, said that the General Assembly had provided the needed clarity for physicians.
Prior to this, North Carolina prohibited most abortions after 20 weeks. The new rules, developed in response to the Supreme Court’s 2022 decision in Roe v. Wade, reduce the limit to 12 weeks but include exceptions for cases of rape, incest, “life-limiting” fetal anomalies up to 24 weeks, and medical emergencies. Democratic Governor Roy Cooper vetoed the abortion law in May, but Republicans overrode his veto with their majority. Cooper signed a cleanup bill on Thursday to address concerns about the poorly written original measure.
The new restrictions have drawn criticism from those who argue that they will disproportionately affect low-income women and those in rural areas, making it harder for them to access legal abortions. They highlight the requirement for an in-person visit to a provider’s office before the state’s 72-hour waiting period, which was previously possible over the phone. Planned Parenthood South Atlantic’s Chief Medical Officer, Dr. Katherine Farris, mentioned that the organization had to arrange for patients to receive care outside of the state starting Saturday.
Furthermore, the new abortion law mandates that surgical abortions performed after 12 weeks must be done in hospitals beginning October 1. This requirement is also being challenged in the ongoing lawsuit. The law also introduces new licensing requirements for abortion clinics, set to take effect in October.
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