North Carolina Republicans pass 12-week abortion ban, sparking showdown with Democratic governor
North Carolina lawmakers on Thursday approved a ban on nearly all abortions after 12 weeks of pregnancy, down from the current 20 weeks, in response to last year’s overturn of Roe v. Wade in the U.S. Supreme Court.
The ban is one of the least burdensome bills pushed through Republican-led assemblies in recent months since the Supreme Court stripped women’s constitutional protections against abortion.
Other states have banned the procedure almost completely or during pregnancy.
Nevertheless, the 29-20 party-line vote was met by the Senate with cries of “Abortion rights now!” of about 100 observers who had crowded into the gallery to watch the debate.
Police quickly cleared the area, but protesters could still be heard chanting “Shame!” from outside the closed doors. The House passed the measure Wednesday night in a similar party-line vote.
North Carolina Senator Kandie Smith holds up a sign reading “Politicians Make Crappy Doctors” on the Senate floor after the chamber votes to pass new abortion restrictions
While North Carolina law may be less strict, it has far-reaching consequences. Before the law was passed, many women from nearby states with restrictive laws had traveled to the state for abortions at later stages of pregnancy.
Democratic government pro-abortion rights Roy Cooper has promised to veto the bill, calling it “a blatant, unacceptable attack on the women of our state,” but GOP seat margins and assurances from chamber leaders indicate that a veto is likely to be overridden.
Democrats unsuccessfully tried various parliamentary maneuvers during an hour-long debate to send the measure back to committee.
Wake County Senate Majority Leader Dan Blue said it was unprecedented for all 20 members of the chamber’s Democratic caucus to speak on the floor about the bill. He called the abortion vote “one of the most profound things we’ve done in this room.”
State law currently prohibits almost all abortions after 20 weeks of pregnancy. From July 1, the ban would be reduced to 12 weeks. It would also set limits on new exceptions, limiting abortions to 20 weeks in cases of rape or incest and 24 weeks for “life-limiting” fetal abnormalities, including certain physical or genetic conditions that can be diagnosed prenatally.
An existing exception for when the pregnant woman’s life is in danger remains.
The 46-page bill, unveiled just this week after months of private negotiations by Republican lawmakers, also includes more medical and paperwork requirements for pregnant women and doctors, and licensing requirements for abortion clinics.
The vote provoked loud cries of “Abortion rights now!” of about 100 observers who had crowded into the gallery to watch the debate
Democratic Governor Roy Cooper, who advocates abortion rights, has vowed to veto the bill, calling it “a blatant, unacceptable attack on the women of our state.”
GOP lawmakers are also promoting at least $160 million for services such as maternal health, adoption care, birth control services and paid leave for teachers and government employees after the birth of a child.
Senator Joyce Krawiec, a Forsyth County Republican who helped negotiate the measure, said during Thursday’s debate that “many of us who have worked for decades to save unborn babies for the sanctity of human life, we see it as an opportunity saw a very pro-life, pro-woman legislation.’
“This is a pro-life plan, not an abortion ban,” Krawiec added.
Cooper and other critics say the measure remains an attack on reproductive freedoms and denies women the ability to make their own healthcare choices.
“This bill is an extreme and oppressive backward step for our society and one that denies women the right to make decisions about their own health care and future,” Democratic Senator Sydney Batch of Wake County said during the debate.
Batch and others also pointed to provisions of the bill that would make it more difficult to get abortions within the new legal time frame. For example, they cite the requirement for women to make an in-person visit to a medical professional at least 72 hours in advance. According to current legislation, the three-day waiting period can be started by telephone.
The bill also requires a doctor to schedule a follow-up visit for women who have had medically induced abortions, making it more difficult for those traveling to North Carolina from out of state.
Republicans have been more aggressive in pushing through measures Cooper opposed or vetoed after GOP seat gains in the November election. The party won veto-proof majorities in both chambers last month when then-Democratic Rep. Tricia Cotham switched to the Republican Party. Cotham, who had previously spoken in favor of abortion rights but was willing to consider additional restrictions, voted in favor of the bill Wednesday night.
Abortion rights activists are pictured before the Supreme Court ahead of last year’s landmark Dobbs v Jackson Women’s Health Organization ruling
Anti-abortion activists also protested for an end to the legal right to abortion
The measure contains other restrictions that Cooper had successfully vetoed in previous years. Women would be dissuaded from having an abortion based on the baby’s race or a prenatal diagnosis of Down syndrome. Another would require doctors and nurses to protect and care for live births during a failed abortion later in pregnancy.
Still, North Carolina Republicans, stung in 2022 by some electoral defeats in suburban legislative and congressional districts where abortion was a problem, ultimately refused to push through stricter bans, as other states have done.
Meanwhile, at least 19 democratically-dominated states have taken steps — through laws, constitutional amendments or executive orders — to protect access to abortion.
Last year, Cooper signed an executive order protecting out-of-state abortion patients from extradition and barring state agencies under his control from helping other states prosecute those who travel for the procedure.
Most states where the status quo on abortion has not changed are those where political leadership is split between the two