NORTH CAROLINA
Political control: Republicans hold majorities in the state House and Senate, but the party lacks the margins to defeat a veto by Democratic Gov. Roy Cooper, a strong abortion-rights supporter. Since 2017, Cooper has vetoed a “born-alive” abortion measure and a bill prohibiting abortion based on race or a Down syndrome diagnosis. He can’t seek reelection in 2024 due to term limits.
Background: A 1973 North Carolina law that banned most abortions after 20 weeks of pregnancy is currently unenforceable after federal judges struck it down as unconstitutional in 2019 and 2021. Instead, abortions can be performed until fetal viability. A state law approved in 2015 provides for post-viability abortions only in a “medical emergency,” which means the woman would die or face a “serious risk” of substantial and irreversible physical impairment without the procedure.
Effect of Supreme Court ruling: Now that Roe v. Wade has been overturned, the 20-week ban could be restored. Legal experts say formal action would have to be taken to cancel the earlier court rulings striking it down. Republican legislative leaders late Friday asked state Attorney General Josh Stein, a Democrat and abortion rights supporter whose agency’s lawyers defended the 20-week law, to act. Otherwise, they said they would seek to intervene.
What’s next: Republican General Assembly leaders don’t plan to consider additional abortion restrictions during the soon-to-end legislative session, meaning a likely intensification of electoral efforts to gain the five additional seats the GOP needs to reach veto-proof margins come 2023. Cooper and other Democrats already are making abortion rights a key campaign pitch. Abortion politics are also expected to figure in two state Supreme Court seat elections in November. Republicans would gain a majority on the court if they win at least one of them.
