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North Carolina’s pro-abortion AG won’t go to court to reinstate state’s pro-life law

by | Jul 22, 2022

By Dave Andrusko

North Carolina’s pro-abortion Attorney General Josh Stein said on Thursday that “his office would not ask a federal judge to reinstate North Carolina’s 20-week ban on abortion, rebuffing a request from GOP legislative leaders in light of the U.S. Supreme Court’s overturning of Roe v. Wade,” according to the News & Observer.

In a statement Stein, the state’s top lawyer, said the North Carolina Department of Justice would not “take action that would restrict women’s ability to make their own reproductive health care decisions.”

“Protecting that ability is more important than ever, as states across the nation are banning abortions in all instances, including rape and incest,” Stein said.

Reporters Avi Bajpai and Teddy Rosenbluth wrote that within hours of the June 24th  Supreme Court decision overturning Roe v. Wade, “Senate leader Phil Berger and House Speaker Tim Moore asked Stein to ‘take all necessary legal action’ to reinstate the ban, which a federal judge ruled unconstitutional in 2019.”

Moore said that Republican leaders were “exploring all options to defend the law and protect life in North Carolina.”

Moore had previously told reporters that the legislature was “totally capable” of having its own attorneys ask the court to reinstate the ban.

“Despite his faux outrage, Josh Stein knows full well that the 20-week ban on the books does not limit women’s freedom, but protects the unborn when they are capable of feeling pain in the womb,” Moore said in a statement.

Berger also criticized Stein’s decision not to seek reinstatement of the abortion ban, saying Stein “swore an oath to uphold and enforce North Carolina law, and this is the latest example of his refusal to do his job.”

Last year, the 4th Circuit Court of Appeals upheld a 2019 federal court ruling “barred the execution of the 20-week ban based on precedents set in Roe v. Wade and an associated 1992 ruling, both struck down June 24,” Bajpai and Rosenbluth wrote. “The ruling extended the right to an abortion in North Carolina until fetal viability, which typically falls between 24 and 28 weeks of pregnancy.”

Categories: State Legislation
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