Wednesday, Federal Judge Osteen decided to lift the injunction on North Carolina’s 20 week abortion ban. This now means that abortions after 20 weeks are illegal, unless there is a medical emergency. This decision defies the recommendations of all the named parties in the 2019 case.

“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,”

Federal Judge Osteen

This ruling adds fuel to an already contentious midterm election year after the Supreme Court ruling propelled state-level politics into the spotlight. North Carolina Republicans in November will aim to snag the five additional seats they need for a veto-proof supermajority in the state legislature.

Republican lawmakers say a successful election season could open the door to further abortion restrictions when the General Assembly reconvenes early next year. Moore told reporters on July 26 that he would like to see the legislature consider banning abortions once an ultrasound first detects fetal cardiac activity — typically around six weeks after fertilization and before some patients know they’re pregnant.

What does this mean for people seeking abortion after 20 weeks in North Carolina?

Fundamentally, this law does not change much about abortion access in North Carolina; clinics in the state were not performing abortion care beyond 20 weeks. However, while abortions 20 weeks or later are rare (96% happen before 12 weeks of pregnancy), the enforcement of this law serves to criminalize those who are in need of abortions and those who help them obtain abortions.

Keep in mind, this law has been on the books since 1973. An injunction was placed on it and abortions were allowed up until viability, which is around week 23 or 24 of pregnancy.

“People seeking abortion later in pregnancy often do so because they face delays in accessing abortion care or dangerous complications with their pregnancy… Many need time to secure funds, time off work, transportation, and childcare, and often encounter other barriers in obtaining care, including medically unnecessary, state-mandated restrictions like North Carolina’s 72-hour forced waiting period.”

Jenny Black, President & CEO of Planned Parenthood South Atlantic

With the variety of TRAP laws already in place in North Carolina such as 72-hour waiting periods, biased mandatory counseling, state and federal funding restrictions, and mandatory ultrasounds, the enforcement of the 20 week ban only serves to add yet another barrier for pregnant people seeking abortion in North Carolina.

It is up to us to vote in legislators that will protect abortion access and push current legislators to remove the current restrictions. Remember, there is no choice when there is no access.

If you or a loved one are in need of abortion, please refer to my post, Abortion Providers in North Carolina.