The Republican-controlled North Carolina General Assembly made several last-minute changes to the 12-week abortion ban it passed earlier this year in an effort to stave off a legal challenge.
The state’s abortion ban, which is set to take effect on 1 July, is being challenged in court. That lawsuit, attorneys said, was the main factor behind the Republican majority’s decision to introduce an amendment to an unrelated Department of Health and Human Services (DHHS) bill that effectively amends the abortion ban.
”The General Assembly is working to pass and enact, with or without the Governor’s signature, a technical and conforming bill to make changes to clarify and address most, if not all, aspects of Plaintiffs’ claims about the Act,” W Ellis Boyle, an attorney for House Speaker Tim Moore and Senate Leader Phil Berger, wrote in a legal filing on Tuesday.
The amendment to the DHHS bill, House Bill 190, directly addresses a number of the concerns outlined in the lawsuit filed by Planned Parenthood of the South Atlantic and a number of other organisations.
For instance, the lawsuit argues that a provision of the abortion ban stating that it is illegal “after the twelfth week of a woman’s pregnancy to advise, procure, or cause a miscarriage or abortion” violates the Constitution by preventing people from legally providing information about how a person could get legal abortion care in another state.
In response, the amendment to HB 190 removes the word “advise” from the text of the abortion ban. The amendment also seeks to clean up a section on the regulation of medication abortion — which is banned after 10 weeks, not 12 — by deleting language that physicians prescribing medication abortions would have to verify that a pregnancy is no more than “70 days” old.
Backers of the lawsuit, who are seeking a Temporary Restraining Order to prevent the abortion ban from taking effect on 1 July, do not believe that the changes to the ban proposed amendment to HB 190 go so far as to eliminate the need for the restraining order.
“If those amendments are passed, they may remedy some of the constitutional violations that Plaintiffs allege,” North Carolina attorney general Josh Stein, nominally the defendant in the suit, wrote in a court filing reported by CNN. “But unless and until the current law is repealed or significantly amended, immediate injunctive relief is necessary to avoid a due-process violation.”
Mr Stein, a Democrat, has said he does not intend to defend parts of the abortion ban his office believes are unconstitutional. Mr Stein wrote that even if the amendments pass, they would still “fail to make clear that doctors in North Carolina can help their patients obtain abortions out of state.”
It is not yet clear whether Gov Roy Cooper, also a Democrat, intends to sign HB 190 or not. Mr Cooper vetoed the abortion ban, but saw his veto overriden by Republican supermajorities in the legislature.
The fact that North Carolina is in the position of dealing with a 12-week abortion ban at all is a surprise: when the legislative session started, the Republicans did not have the votes needed to override a veto of an abotion bill. That changed, however, when Rep Tricia Cotham — a Democrat representing a heavily Democratic seat in the Charlotte area — suddenly switched her party affiliation and gave the Republicans the final vote needed to override Mr Cooper’s veto.
