The Roe v. Wade decision could impact pregnancies in NC. Here’s what you need to know.
In a 6-3 decision on Friday, the Supreme Court overturned Roe v. Wade, the ruling that established the constitutional right to abortion in 1973.
The decision gives states the power to set their own abortion laws, and almost half are expected to outlaw or restrict the procedure.
A leaked draft of the Supreme Court opinion in early May sparked a debate between pro-abortion advocates who say the procedure is an essential part of health care, and anti-abortion activists who say the procedure amounts to murder.
Here’s what to know about why women seek the procedure and the status of abortion access in North Carolina.
How many abortions are sought?
A 2017 study published in the National Library of Medicine found that 40% of women sought abortions because they were not financially prepared for a child, and 36% said it was not the right time for a baby. Nearly a third sought them for partner-related reasons.
One in five women who sought abortions said a child would interfere with future education or work opportunities, or they weren’t emotionally or mentally prepared for a pregnancy. One in 10 women said carrying a child would present a risk to maternal or fetal health.
According to a 2004 study from the Guttmacher Institute, 1% of abortions are the result of rape, and 0.5% are the result of incest.
What are the current abortion laws in NC?
Abortions must also be performed at a hospital or certified abortion clinic by a licensed physician, or one who is board certified in obstetrics or gynecology, according to state law.
North Carolina laws also require state-directed counseling and a waiting period of 72 hours before an abortion can be performed, as well as parental consent for those under 18 to receive abortions and mandatory ultrasounds.
A state statute outlawing abortions after 20 weeks, which was put on hold after passing and later ruled unconstitutional, could go into effect for the first time with Roe overturned.
Could women now face penalties for seeking abortions?
Some conservative states have introduced laws that would liken abortion to murder, where women could be charged with the crime.
Louisiana attempted to pass a bill that would classify the procedure as homicide, but it was later scrapped, Newsweek reported.
“The bill’s passage was in jeopardy from its inception because even some LA pro-life legislators objected to it and characterized its focus as on punishing women rather than protecting the un-born,” professor Tanya Washington Hicks, a law professor at Georgia State University College of Law, told Newsweek.
North Carolina legislators have not passed any laws that would criminalize abortion.
Could doctors have their licenses suspended or face jail for performing abortions?
More than a dozen states have “trigger bans” that immediately ban nearly all abortions since Roe v. Wade has been overturned, Alison Durkee wrote for Forbes.
These bans classify performing an abortion as a felony punishable by prison time in nearby states like Tennessee and Kentucky, Durkee reported.
However, North Carolina does not have a trigger ban, North Carolina ACLU attorney Ann Webb told The Charlotte Observer in May.
“What that means is that the legislature would have to pass a new law even after a court decision that overturned Roe v Wade,” Webb said. “It’s important to remember that North Carolina has very serious restrictions on access to abortion. And many states in our region have even more serious restrictions on access to abortion.”
If state lawmakers decide to outlaw abortion and classify performing the procedure as a felony, doctors would have to report this offense to the North Carolina Medical Board, which could result in license revocation.
How does the ruling affect me if I’m pregnant right now?
Even with the decision to overturn Roe, abortion remains legal in North Carolina. But some residents still have to travel long distances for abortion access.
Currently, just nine of North Carolina’s 100 counties have abortion clinics, all in the state’s most populous areas, including Mecklenburg, Wake, Forsyth and Cumberland counties.
Observer staff writers Devna Bose and Hannah Smoot contributed to this report.
This story was originally published June 24, 2022 at 12:50 PM.
