Judge reinstates North Carolina’s 20-week abortion ban

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RALEIGH, N.C. (AP) — U.S. District Judge William Osteen reinstated a 20-week abortion ban, with exceptions for urgent medical emergencies, after he said the June U.S. Supreme Court decision overturning Roe v. Wade erased the legal foundation for his 2019 ruling that placed an injunction on the 1973 state law.

“Neither this court, nor the public, nor counsel, nor providers have the right to ignore the rule of law as determined by the Supreme Court," wrote Osteen.

“I am encouraged that, although our attorney general has failed to do his duty, today we have a ruling that upholds the law,” House Speaker Tim Moore said, referring to North Carolina Attorney General Josh Stein.

The Democratic attorney general, an outspoken abortion rights supporter, had rejected a demand from House leaders that he bring the ban before a judge.

North Carolina has a 72-hour mandatory waiting period to receive an abortion after an initial doctor’s visit. The General Assembly extended the waiting period in 2015, making North Carolina the fifth state to require counseling three days before an abortion — one of the longest waiting periods in the country.

The 2015 bill also amended the state law that Osteen reinstated Wednesday, narrowing the criteria for medical emergencies that could warrant an abortion after 20 weeks.

North Carolina, Abortions