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NC 20-week abortion ban reinstated by federal judge

The judge reinstated the ban after the U.S. Supreme Court overturned Roe v. Wade.

GREENSBORO, N.C. — A ban on abortions after 20 weeks of pregnancy was reinstated in North Carolina Wednesday.

A federal judge made the call on a decades-old ban that was unenforceable under Roe v. Wade.

For decades, North Carolina abortions were legal up to viability which is typically around 24 weeks.

In 2019, a court ruling officially stopped the ban.

After Roe v. Wade was overturned by the Supreme Court last month, a judge ruled that the ban is now legal.

"It's really disappointing from the judge today. That was unprompted from any of the parties involved in the lawsuit," Molly Rivera, spokesperson for Planned Parenthood South Atlantic said

"We're glad," Executive Director for the NC Values Coalition Tami Fitzgerald said. "Now that Roe versus Wade has been overturned the basis for the ruling no longer existed and the judge had no other choice but to lift the injunction."

The law bans abortions after 20 weeks except in certain cases.

Abortions after 20 weeks are allowed in medical emergencies, defined in the law as threatening the life or physical health of the mother.

Activist groups on both sides have differing views about whether that exception will provide abortions for women who need life-saving care.

"That should be specific enough for any doctor to save a life if needed," Fitzgerald said. "We know that hardly any abortion is necessary after 20 weeks to save the mother's life. Those are just very rare."

"What this means for people in the state is they will now be forced to travel out of North Carolina for time-sensitive, life-saving abortion care," Rivera said.

The law says that doctors who provide abortions after 20 weeks could face felony charges. Professor Steve Friedland at Elon Law told WFMY News 2's Grace Holland it is classified as a Class H felony and could carry up to 10 years in prison.

Wake Forest University law professor Meghan Boone said that could affect care.

"It is highly likely that a doctor might err on the side of not providing care if that care is even potentially criminal," Boone said. "I think unfortunately when it comes to abortion that's performed after 20 weeks, North Carolina is going to be in the position of a lot of other states where doctors are not sure what constitutes sufficient medical necessity to perform an abortion and I think unfortunately women seeking that care are very likely to go to other states."

Boone said it's likely this law is here to stay. The NC Values Coalition said it hopes to see more restrictions on the procedure in our state going forward.

Abortions are still legal before 20 weeks of pregnancy in North Carolina. Most abortions happen much earlier than that.

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