NC Republicans ask to join abortion lawsuit to defend new law in hearing next week
READ MORE
Abortion in North Carolina
State lawmakers voted to override Democratic Gov. Roy Cooper’s veto of the 12-week abortion bill. It now takes effect July 1. Meanwhile, clinics, anti-abortion groups, and future doctors are trying to prepare for the future of abortion despite their unanswered questions about the new law.
Expand All
UPDATE, June 26: District Judge Catherine Eagles ruled Saturday that Republican legislative leaders can join in the case, at least for the first hearing on Wednesday.
Republican leaders of the North Carolina General Assembly filed a motion Thursday asking to join in defending the state’s new 12-week abortion law ahead of a hearing in federal district court next week.
The request by Senate leader Phil Berger and House Speaker Tim Moore comes after Democratic Attorney General Josh Stein, the main defendant named in the lawsuit brought June 16 by Planned Parenthood, said on Thursday that his office wouldn’t defend parts of the abortion law that he believed were unconstitutional.
Earlier on Thursday, a federal judge scheduled the first hearing in the last-minute legal challenge for Wednesday, June 28, at the federal courthouse in Greensboro. The controversial abortion law is currently set to go into effect days later, on July 1.
In their motion, Berger and Moore said that state law “expressly permits” them to intervene on behalf of the General Assembly when North Carolina statutes are challenged in court. They also said they “have an interest in upholding the validity of state statutes aimed at protecting unborn life, promoting maternal health and safety, and regulating the medical profession.”
The GOP leaders requested an expedited hearing from the judge, in order to be able to participate in next week’s hearing. The plaintiffs, Planned Parenthood South Atlantic and Dr. Beverly Gray, a North Carolina OB-GYN, have asked the judge for a temporary restraining order to block the law from taking effect until the lawsuit has been resolved.
At the same time that they’re asking to join the case to defend the law, Republican lawmakers are also moving to change certain parts of the law that Planned Parenthood challenged and argued were confusing or contradictory.
One of the main provisions Planned Parenthood objects to is how the law will regulate medication abortion. One part of the new law says medication abortions are only allowed up until 10 weeks of gestation; another said they are allowed up until 12 weeks.
Towards the end of Thursday’s Senate session, GOP lawmakers called a recess and reconvened 20 minutes later. They decided to take up an unrelated bill that would include an amendment striking the 10-week language from the law about to go into effect that clarifies that the bill was intended to allow medication abortions up until 12 weeks.
The amended bill that would make that change to the abortion law gained initial approval in a party line vote, but will need to clear one more vote next week, before it can be sent to the House, and after that, to the desk of Democratic Gov. Roy Cooper. He has led Democrats in denouncing the 12-week law as ill-conceived and extreme.
BEHIND THE STORY
MOREThis is a breaking news story
In a breaking news situation, facts may be unclear and details may change as the story develops. Our reporters are working to get information as quickly and accurately as possible. This story may be updated as more information becomes available. Refresh this page for the most up-to-date report.
This story was originally published June 22, 2023 at 9:55 PM with the headline "NC Republicans ask to join abortion lawsuit to defend new law in hearing next week."
