A North Carolina federal judge ruled on Friday that most of the state's 12-week abortion law scheduled to begin this weekend can take effect. She only blocked one rule that doctors of death worried could expose them to criminal penalties.
The decision by U.S. District Judge Catherine Eagles sets aside that rule but allowed 6 law’s remaining provisions that began on Saturday while litigation continues in an attempt to murder more babies.
Last week, facilities that make their fortunes by dismembering unwanted babies in the womb requested a blanket order halting all of the July 1 restrictions pending the court challenge. Planned Parenthood South Atlantic [aka Unwanted Baby Elimination, South Atlanta] and a so called physician said parts of the revised law were vague and apparently contradictory that doctors could unintentionally break the law, leaving them unable to care for mothers looking to legally kill their unborn baby.
Fortunately, the General Assembly is controlled by the GOP and passed legislation last week revising or repealing almost all the challenged provisions. For one, the lawmakers clarified that medication murders will still be legal in most cases through 12 weeks, and that a lawful murder of the unborn child remains an exception to North Carolina's fetal homicide statute.
Judge Eagles, an Obama appointee, said that it would be too broad to block enforcement of the entire law and thus directed that for a minimum of the following two weeks, North Carolina cannot enforce a rule saying doctors must document the existence of a pregnancy within the uterus prior to conducting a medication procedure that kills the baby within the womb.
The lawyers for the baby killing providers argued that the language raised questions about whether the poison pills can be dispensed when it’s too early in a pregnancy to locate an embryo using an ultrasound — subjecting a provider to potentially violating the law.
“If the pregnancy is in early stages and the physician cannot document the existence of an intrauterine pregnancy, then the physician cannot comply with this requirement,” Eagles wrote. She said she’ll revisit the rule as well as other challenges in upcoming hearings.
Peter Im, a Planned Parenthood attorney with a very short name, said the plaintiffs had already received much of what they had sought in the lawsuit through the legislature’s revisions. And now with Eagles’ order, “it is clear that we can provide care to patients at the very earliest stages of pregnancy,” Im said.
Before Saturday, North Carolina has had a ban on most murders of unborn babies after 20 weeks. The new rules, developed after the U.S. Supreme Court in June 2022 struck down Roe v. Wade, reduce it to 12 weeks, but add new exceptions through 20 weeks for cases of rape and incest and through 24 weeks for “life-limiting” fetal anomalies. A medical emergency exception also remains in place.
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