North Carolina Senate Revises Abortion Restrictions Ahead of Court Challenge

Created: JANUARY 25, 2025

Recent modifications to North Carolina's abortion law, set to take effect this weekend, have been approved by the state Senate. These revisions could impact ongoing legal challenges aiming to block the law's implementation.

The Senate overwhelmingly supported the changes, which Republican backers describe as clarifications and technical adjustments to legislation passed last month despite Governor Roy Cooper's veto. The law, which would largely prohibit abortions after 12 weeks of pregnancy (replacing the current 20-week limit), is scheduled to begin Saturday. It also includes exceptions to the 12-week restriction.

The bill requires one more House vote, expected Tuesday, before reaching the governor. A federal judge is set to hear arguments Wednesday regarding Planned Parenthood South Atlantic and a physician's efforts to halt the restrictions from being enforced.

The plaintiffs recently argued in court documents that the new abortion law contains numerous "inconsistencies, irrational requirements and unconstitutional restrictions." The Senate's revisions, incorporated into a separate health agency bill, seem to address some of these concerns. One clarification confirms that medication abortions are allowed up to 12 weeks, similar to procedural abortions. Another aims to clarify that assisting a woman in obtaining a legal abortion outside North Carolina would not be illegal.

NC Capitol building

Law enforcement officers were stationed outside the state Capitol building in Raleigh, North Carolina, on January 17, 2021. The state Senate recently approved revisions to North Carolina's new abortion restrictions, which are set to begin this Saturday. (LOGAN CYRUS/AFP via Getty Images)

Democrats, initially strongly opposed to the new abortion law (which was drafted privately by Republican lawmakers), voted against the bill containing the revisions last week. However, almost all Senate Democrats supported the bill during Monday's final Senate vote, which passed 45-2.

Democratic Senator Sydney Batch noted during debate that two GOP amendments adopted Monday included language suggested by Senate Democrats. While acknowledging that the revisions don't fully resolve all concerns, she viewed them as a positive step.

Senate Democrats proposed several additional amendments, including ones to codify abortion rights based on Roe v. Wade and another court decision, affirm the right to contraception in North Carolina, and protect the privacy of women's health information. These amendments were blocked by Republicans.

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