Healthcare providers in North Carolina have taken legal action against the state, claiming that several provisions of its abortion ban are unconstitutional. The lawsuit, filed by the American Civil Liberties Union (ACLU) on behalf of Planned Parenthood South Atlantic and physician Beverly Gray, specifically challenges the legitimacy of Senate Bill 20, which is set to go into effect on July 1 and prohibits most abortions after 12 weeks of pregnancy. The plaintiffs are seeking a court order to block the bill from being implemented.
Named defendants in the lawsuit include the attorney general, Department of Health and Human Services secretary, and chair of the North Carolina Board of Nursing, among others.
The lawsuit examines the legislation in detail, highlighting alleged contradictions in the language and areas where the law would be ambiguous. The plaintiffs point out that the time between the bill’s introduction and its passage was less than the mandatory waiting period of 72 hours for obtaining an abortion in North Carolina.
According to the plaintiffs, the rushed process resulted in requirements included in Senate Bill 20 that are nonsensical, contradictory, irrational, and potentially unconstitutional at every stage of the abortion process.
Currently, abortion is legally permitted in North Carolina until 20 weeks of pregnancy. However, lawmakers voted to override Gov. Roy Cooper’s veto of Senate Bill 20, which introduces significantly stricter restrictions on abortion access. The new bill also imposes limitations on medication abortion after 10 weeks of pregnancy.
The plaintiffs argue that although the Supreme Court overturned the federal right to an abortion, this decision does not shield abortion restrictions from court review if they are vague, impossible to comply with, irrational, pose a high risk of harm or death without a valid governmental purpose, and potentially violate the First Amendment.
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