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Planned Parenthood South Atlantic (PPSAT) and abortionist Beverly Gray, M.D. have filed a lawsuit challenging the constitutionality of certain provisions of Session Law 2023-14—Care for Women, Children, and Families Act (Senate Bill 20). This law prohibits most abortions after 12 weeks—down from 20 weeks—and provides millions of dollars for family support. The complaint challenges part of the law relating to chemical abortions, the 72-hour waiting period, and the requirement for hospitalization for surgical abortions after 12 weeks- as well as other provisions.

Background of Session Law 2023-14—Care for Women,Children, and Families Act

As we have mentioned before, along with changing the gestational age limit when abortions are allowed, Session Law 2023-14 will provide up to $160 million for adoption, foster care, and other family services. The law is also set to more closely regulate chemical abortion, standardize the locations of surgical abortions past 12 weeks, tighten informed consent requirements, and improve the reporting requirements for abortions.

The lawsuit was filed against all individuals charged with enforcement of the law, including the North Carolina Attorney General Josh Stein. Also named as defendants were the district attorneys in the counties that have a Planned Parenthood clinic such as Wake and Mecklenburg Counties. Stein, who is tasked with defending the law as Attorney General, publicly spoke in opposition to the measure as it moved through the legislature. Stein also has a notable history of not defending laws or actions of the State that he personally disagrees with, so it remains to be seen whether he will do so in this lawsuit.

Next Steps

The case is now before the US District Court for the Middle District of North Carolina. NC Family will continue to monitor the case and inform you as it develops.