North Carolina abortion ban set to take effect after judge blocks single provision

Much of North Carolina’s 12-week abortion ban will take effect on Saturday, after a federal judge on Friday temporarily blocked just one provision of the law.

U.S. District Judge Catherine Eagles blocked a provision requiring doctors to document in a medical record the existence of a pregnancy in the uterus when prescribing or administering abortion drugs until July 14.

But, Eagles wrote that the law’s other provisions challenged by a Planned Parenthood lawsuit — like conflicting language that set a separate 10-week cut off for medication abortion — were addressed by last minute updates passed by the state legislature and signed into law by Gov. Roy Cooper (D) Thursday night.

As a result, the bulk of the law will be allowed to take effect July 1. Eagles wrote that she expects an agreement between the parties to extend the restraining order on the medical records provision beyond July 14 to allow for more briefing.

“In addition to being dangerous for women, the rushed abortion ban was so poorly written that it is causing real uncertainty for doctors and other health care providers,” Cooper said in a statement announcing he signed the amendment. “This bill is important to clarify the rules and provide some certainty, however we will continue fighting on all fronts the Republican assault on women’s reproductive freedom.”

Cooper vetoed the sweeping abortion legislation when it was first passed, but Republicans were able to override it with a legislative supermajority. Planned Parenthood providers in the state then challenged the ban, citing multiple inconsistencies and potential constitutional violations. 

“We’re grateful that Judge Eagles today granted our request to block that one part of the law on the ground that it’s unconstitutionally vague. And that ensures much needed consistency for North Carolinians seeking abortion care at least through July 14,” said Peter Im, one of the attorneys representing Planned Parenthood.

“I want to be clear that this is going to have devastating consequences for North Carolinians, but the judge’s order will mitigate some of the harm that SB 20 will have on patients’ lives once it takes effect tomorrow,” Im said. 

Friday’s order clarified that abortion providers can give medication abortion to patients at early stages in their pregnancy. 

The original bill said physicians providing drugs for medication abortions needed to verify that the age of the fetus was 10 weeks, even though the law allowed for abortions up to 12 weeks. 

The order also clarified that the law does not ban anyone from advising or otherwise helping a pregnant person get a legal abortion out of state after 12 weeks. 

The law bans any licensed physician from performing abortions after the 12th week of pregnancy. It provides exceptions in the case of rape and incest through 20 weeks of pregnancy or in the event of a “life-limiting anomaly” through 24 weeks. 

The law also requires all patients to have two in-person doctor visits 72 hours apart, and patients who choose medication abortion to schedule a third visit. 

While Friday’s order blocked the certification component of medication abortions, the law still requires abortion providers to perform an ultrasound at least 72 hours before administering the drugs. 

There are 14 abortion clinics in North Carolina, said Katherine Farris, chief medical officer of Planned Parenthood South Atlantic, and she is not aware of any that will be closing.

“We’ve been working really hard over the last month to be able to comply with this law and our providers and our staff have been working around the clock to make sure our health centers can stay open,” Farris said during a press conference.

“We are going to do everything we can to see every patient we can within the confines of this monstrous law and to make sure that patients who can’t get access here in North Carolina can find the safest place to receive the health care they desperately need,” she added.