A federal judge in North Carolina has ruled to permanently block a provision in the state’s abortion laws that required doctors to document the location of a pregnancy before prescribing abortion pills. The judge deemed this requirement too vague to be reasonably enforced. While this provision had already been temporarily halted last year, the judge also restored enforcement of another provision that mandated abortions after 12 weeks of pregnancy to be performed in hospitals. The judge cited the 2022 U.S. Supreme Court decision that overturned Roe v. Wade, stating that lawmakers only need to offer rational speculation for their legislative decisions on regulating abortion.
Despite challenges in other states seeking to strike down abortion laws entirely, North Carolina’s updated abortion laws remain mostly intact, following a law enacted in 2023 that significantly narrowed abortion access from 20 weeks to 12 weeks. The hospital requirement would apply to exceptions to the ban after 12 weeks, such as in cases of rape, incest, or “life-limiting” fetal anomalies. The judge’s decisions mean that most of North Carolina’s abortion laws are still in place, as lawmakers sought to protect maternal health by reducing risks for women experiencing complications after 12 weeks.
The federal judge also upheld the block on a provision in the abortion law that required physicians to document the “intrauterine location of a pregnancy” before distributing medication abortion. The defense argued that this documentation protected women with ectopic pregnancies, but the judge found the requirement unconstitutional and subjecting providers to potential penalties for not being able to locate an embryo through an ultrasound. Planned Parenthood and other parties involved in the lawsuit, as well as the state attorney general, have the option to appeal the upcoming final judgement, which could impact the future of abortion laws in North Carolina.
Despite ongoing legal battles, North Carolina remains a destination for many out-of-state women seeking abortions due to more restrictive laws in other southern states. Most states in the U.S. South have implemented laws banning abortion after six weeks of pregnancy or have enacted near-total bans, making North Carolina a more accessible option for those seeking reproductive healthcare. The lawsuit challenging portions of the state’s abortion laws was initially filed in 2023, and while some provisions have been blocked, others remain in effect pending further legal proceedings. This case highlights the ongoing debate and legal battles surrounding abortion rights in the United States.
