NC Republicans ask judge to reinstate 20-week abortion ban

Jul 28, 2022, 11:26 AM | Updated: 11:49 am

RALEIGH, N.C. (AP) — North Carolina’s Republican General Assembly leaders have asked a federal judge to reinstate a 20-week abortion ban previously thrown out by courts, despite the Democratic attorney general’s refusal to seek enforcement of the ban after the U.S. Supreme Court overturned nationwide abortion protections.

Outside attorneys for Senate leader Phil Berger and House Speaker Tim Moore asked U.S. District Judge William Osteen on Wednesday to vacate his 2019 ruling that blocked execution of the 20-week ban based on precedents set in Roe v. Wade and an associated 1992 Supreme Court ruling, both struck down on June 24.

The legislative leaders say Attorney General Josh Stein, an abortion rights supporter, is unlikely to defend the 1973 state law that created the ban, even after the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization eroded the foundation for the injunction preventing it from being enforced.

“North Carolina’s abortion statutes are undeniably lawful under Dobbs, and there is no longer any basis for an injunction to shackle the state from pursuing its legitimate interests,” Berger and Moore wrote in their brief.

The Republican leaders were responding to Osteen’s request that parties in the case submit briefs by Aug. 7 that outline their positions on whether his previous ruling retains legal force after the recent Supreme Court decision. Osteen will consider lifting the injunction on the 1973 state law and may reinstate the 20-week ban without lawmaker involvement.

“It appears the injunctive relief granted in this case may now be contrary to law,” he wrote in his July 8 order.

Berger and Moore were not named parties in the case, prompting them to submit a request to have their say in the matter. As representatives of the North Carolina electorate, the lawmakers assert they have a “significant interest” in protecting unborn children from abortion procedures.

Represented by lawyers from the Alliance Defending Freedom, the Republican leaders filed their proposed brief Wednesday, arguing that Stein had failed to fulfill his duties to defend the law.

“Within moments of the Dobbs decision being issued, the attorney general decried the ruling and posted on Twitter asking people to donate to his political campaign so that he could fight against pro-life laws,” Berger and Moore wrote. “(Stein) publicly opposes the statutes he is tasked with defending and is engaged in fundraising efforts based on his opposition.”

Stein declined last week to meet the lawmakers’ demand that he bring the matter to a federal judge himself, saying he would not “restrict women’s ability to make their own reproductive health care decisions.”

The attorney general’s office, which has been representing defendants in the case, is expected to outline its position in a brief by the Aug. 7 deadline.

___

Schoenbaum is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow her at twitter.com/H_Schoenbaum.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Gabby Petito's mother Nichole Schmidt, wipes a tear from her face during a news conference o...

Associated Press

Mother of man who killed Gabby Petito said in letter she would help son ‘dispose of a body’

The mother of the man who killed Gabby Petito told her son in an undated letter that she would “dispose of a body” if needed because she loved him so much, according to copies of the note shared publicly for the first time this week by attorneys for Petito's parents.

2 days ago

A member of the 3rd U.S. Infantry Regiment, also known as The Old Guard, places flags in front of e...

Associated Press

5 things to know about Memorial Day including its controversies

Memorial Day is supposed to be about mourning the nation’s fallen service members, but it’s come to anchor the unofficial start of summer and a long weekend of discounts on anything from mattresses to lawn mowers.

2 days ago

FILE - This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes, left, as he test...

Associated Press

Officers describe chaos, fear on Jan. 6 as judge weighs prison time for Oath Keepers’ Rhodes

Police officers who defended the U.S. Capitol on Jan. 6, 2021, and public servants who fled the mob's attack told a judge on Wednesday that they are still haunted by what they endured, as the judge prepares to hand down sentences in a landmark Capitol riot case.

3 days ago

Pride month merchandise is displayed at the front of a Target store in Hackensack, N.J., Wednesday,...

Associated Press

Target on the defensive after removing LGBTQ+-themed products

Target once distinguished itself as being boldly supportive of the LGBTQ+ community.

4 days ago

(Photo By Tom Williams/CQ Roll Call via Getty Images)...

Associated Press

Former Arizona television journalist announces bid for Schweikert’s US House seat

A former Phoenix television journalist announced her candidacy Wednesday for the congressional seat currently held by seven-term Republican Rep. David Schweikert.

4 days ago

Tortoise by Henry Davis earned an honorable mention in the "Adventures in Nature” student photo c...

Associated Press

When you adopt a desert tortoise, prepare for a surprisingly social and zippy pet

They’re not fluffy, they don’t play fetch and they certainly don’t roll over. But there is such a thing as a lap tortoise.

5 days ago

Sponsored Articles

...

SANDERSON FORD

Thank you to Al McCoy for 51 years as voice of the Phoenix Suns

Sanderson Ford wants to share its thanks to Al McCoy for the impact he made in the Valley for more than a half-decade.

...

OCD & Anxiety Treatment Center

How to identify the symptoms of 3 common anxiety disorders

Living with an anxiety disorder can be debilitating and cause significant stress for those who suffer from the condition.

(Photo: OCD & Anxiety Treatment Center)...

OCD & Anxiety Treatment Center

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.

NC Republicans ask judge to reinstate 20-week abortion ban