Notably, the majority of the restrictions, including a nearly complete ban on abortions after 12 weeks of pregnancy, are not under direct challenge and remain in force.
U.S. District Judge Catherine Eagles has intervened in North Carolina’s recent abortion law, blocking certain provisions pending ongoing legal proceedings
The provisions halted by U.S. District Judge Catherine Eagles pertain to the requirement for surgical abortions after 12 weeks, in cases of rape or incest, to be conducted solely in hospitals rather than abortion clinics. This restriction was set to take effect imminently. Additionally, Judge Catherine Eagles extended a prior order from June, preventing the enforcement of a rule mandating the documentation of intrauterine pregnancy before prescribing medication-induced abortions.
Unless there are successful appeals by Republican lawmakers, the order will endure until the lawsuit, filed by Planned Parenthood South Atlantic and a practicing abortion provider, reaches a resolution. The case also seeks clarification on whether medications can be used to induce labor in the second trimester for a fetus incapable of survival outside the uterus.
Importantly, the legal challenge does not directly aim to dismantle the core of the abortion law passed in May, which curtailed the abortion limit to 12 weeks from the previous 20. The law also introduced exceptions for cases of rape, incest, and “life-limiting” fetal anomalies within 20 and 24 weeks. A medical emergency exemption remains in effect.
The legislation, a response to the 2022 U.S. Supreme Court decision overturning Roe v. Wade, included new requirements for medication-induced abortions, mandating physicians to document the pregnancy’s intrauterine location
Judge Catherine Eagles underscored the likelihood of success for the plaintiffs, asserting that the law’s ambiguity may unfairly subject abortion providers to legal claims if they cannot locate an embryo early in pregnancy due to its novelty. Furthermore, she emphasized that the procedures for surgical abortions after 12 weeks mirror those used for managing miscarriages, yet women experiencing miscarriages are not mandated to undergo these procedures in a hospital setting.
In her ruling, Judge Catherine Eagles criticized Republican lawmakers for failing to provide a rational basis for the differing treatment, highlighting a lack of explanation or evidence to support their stance. Abortion rights advocates welcomed the decision, affirming that it removes undue barriers to crucial reproductive healthcare.
Senate leader Phil Berger‘s office is currently reviewing Judge Catherine Eagles’ order, while lawyers for Republican legislative leaders argued that the provision regarding intrauterine pregnancy documentation aimed to ensure safety and was a rational step to protect women from complications arising from surgical abortions.
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