A federal judge has ruled that a vague provision in North Carolina’s abortion laws, which required doctors to document the location of a pregnancy before prescribing abortion pills, should be permanently blocked. This ruling affirms that the provision is too unclear to be enforced reasonably. The implementation of this requirement had been temporarily halted last year by U.S. District Judge Catherine Eagles, pending further litigation of a lawsuit challenging parts of the abortion law enacted by the state’s Republican-dominated General Assembly in 2023. Eagles has indicated that a permanent injunction will be issued at a later date.
However, Eagles has decided to restore the enforcement of another provision that she had previously blocked, which mandates that abortions after 12 weeks of pregnancy must be performed in hospitals. She mentioned that lawmakers could offer rational speculation for their legislative decisions regulating abortion, especially in the aftermath of the 2022 U.S. Supreme Court decision that overturned Roe v. Wade.
The requirement for hospitals to perform abortions after 12 weeks was argued by legislators as a means to protect maternal health by reducing risks for some women who may face major complications. Planned Parenthood South Atlantic and a physician who filed the initial lawsuit presented medical evidence indicating that the hospital requirement could make abortions more dangerous and costly for many women. Despite this, Eagles stated that the plaintiffs did not disprove all possible reasons the General Assembly may have had for enacting the hospitalization requirement, leading her to lift a preliminary injunction on this provision.
Although some challenges in other states sought to entirely strike down abortion laws, Eagles’ decisions mean that the majority of North Carolina’s updated abortion law, which was enacted after Roe v. Wade, remains intact. The law significantly restricted abortion access compared to the previous ban after 20 weeks, now allowing abortions only up to 12 weeks. The hospital requirement would come into play for exceptions to the ban after 12 weeks, such as in cases of rape, incest, or life-threatening fetal anomalies.
Eagles reaffirmed her decision to block a clause in the abortion law that required doctors to document the intrauterine location of a pregnancy before providing medication abortion. The defense argued that this documentation protected women with ectopic pregnancies, which can be dangerous. However, Eagles disagreed, stating that a medication abortion does not increase the risks of an ectopic pregnancy. She also found the law to be unconstitutionally vague and potentially subjecting providers to claims of breaking the law and penalties if they are unable to locate an embryo through an ultrasound due to the early stage of pregnancy.
Spokespeople for Planned Parenthood, as well as state lawmakers Tim Moore and Phil Berger, did not respond to requests for comment on the ruling. The final judgment by Eagles can be appealed. State Attorney General Josh Stein, a Democrat and abortion-rights advocate, was a defendant in the lawsuit. His office had supported blocking the two provisions in question, largely aligning with Planned Parenthood’s arguments.
The lawsuit was filed in June 2023 and included other challenges to the abortion law, which the legislature swiftly addressed with new legislation. Eagles issued a preliminary injunction last September, halting the two provisions that were still under consideration until Friday’s ruling. Despite the changes in abortion laws in many Southern states, North Carolina remains a destination for out-of-state women seeking abortions due to its less restrictive laws compared to neighboring states.