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Judge approves 12-week ban in North Carolina abortion law

Jun 29, 2023

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A federal judge ruled that most of North Carolina’s new abortion law, including the ban on almost all abortions after 12 weeks, can take effect July 1 as originally planned. Lawyers for Planned Parenthood South Atlantic and a physician requested that U.S. District Judge Catherine Eagles put most of the new restrictions in the law on hold while litigation over the law plays out.

The abortion providers claimed several provisions affecting doctors and patients in the new law are contradictory, vague and unconstitutional. While Eagles said on Wednesday, June 28, that she didn’t know whether she would issue any temporary restraining order, she added “I don’t see any way that I’m going to enjoin” the portion of the law that contains the 12-week ban.

North Carolina had been one of the few remaining southern states with relatively easy access to abortions in the wake of last year’s Supreme Court decision to strip away constitutional protections for abortion. The 12-week ban, which includes exceptions for rape, incest and “life-limiting” fetal anomalies, would replace the current ban on most abortions after 20 weeks.

The North Carolina abortion law was originally passed back in May, with the Republican-controlled General Assembly overriding a veto from Gov. Roy Cooper, D-N.C. This week, the legislature made revisions to the law in attempt to fix many of the challenged provisions.

The new version passed with overwhelming bipartisan support. It was sitting on Gov. Cooper’s desk as of Wednesday.

The state constitution gives Cooper until July 7 to sign the bill or veto it. Otherwise, it will become law without his signature.

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NORTH CAROLINA LAWMAKERS TWEAKED THE STATE’S NEW ABORTION BAN A DAY BEFORE A JUDGE WAS TO REVIEW WHETHER THE LAW CAN GO IN EFFECT ON JULY FIRST OR WHETHER IT WOULD BE HELD OFF UNTIL LEGAL CHALLENGES PLAY OUT IN COURT.
THE JUDGE HAS SAID SHE **WILL ALLOW THE 12 WEEK ABORTION BAN TO GO IN EFFECT —
WHICH IS NOW JUST DAYS AWAY.
PLANNED PARENTHOOD AND A PHYSICIAN SUED THE STATE TO TRY AND STOP THE BAN FROM TAKING PLACE —
BUT WHILE THEIR CASES PLAY OUT IN COURT —
A JUDGE HAS RULED THE STATE’S ABORTION BAN **CAN GO INTO EFFECT.
THE JUDGE IS STILL REVIEWING WHETHER TO PLACE A TEMPORARY RESTRAINING ORDER ON OTHER PORTIONS OF THE STATE’S LAW.