RALEIGH, N.C. (WNCN) — As a federal judge heard arguments Wednesday regarding North Carolina’s new abortion law, state Atty. Gen. Josh Stein (D) called the law “sloppy” as he explained why his office wasn’t defending parts of it.
Stein spoke alongside the leader of Planned Parenthood South Atlantic, which is challenging parts of the law. Stein said the law violates due process rights.
“My obligation is to the United States Constitution. That’s what I swear my oath to and to North Carolina law when it is not inconsistent with that Constitution,” he said.
Republicans criticized Stein’s refusal to defend the law as a political move. Stein is running for governor in 2024.
“He was elected to be the attorney general of the state of North Carolina and to defend the laws of the state of North Carolina,” said Sen. Phil Berger (R-Rockingham). “For him to, based on his personal preferences, to decide he is not going to do that I feel is a failure on his part to do what he was hired to do.”
Stein criticized Republicans for introducing and passing the original bill in less than 48 hours without allowing any amendments.
“The way that this bill was drafted was incredibly sloppy, filled with internal contradictions that run afoul of the United States Constitution. So, that’s what I’m doing. I’m doing my job,” said Stein.
The new law, which takes effect July 1, restricts abortions after 12 weeks of pregnancy while making exceptions for rape, incest, fetal abnormalities and protecting the life of the mother. Current law restricts abortion after 20 weeks.
In their lawsuit, abortion providers cited inconsistencies within the law as well as portions of it they said violate the constitutional rights of medical providers.
On Tuesday, just hours before Wednesday’s hearing, the General Assembly passed a bill that makes a variety of changes to the law that address some of the issues raised in the lawsuit.
For example, that bill would make clear that medication abortions remain legal through the 12th week of pregnancy. It also would allow doctors to inform patients of legal options for abortion outside of North Carolina.
“Our purpose was, we saw some instances where some clarity with reference to the law would be helpful as far as implementation of the law,” said Sen. Berger.
It’s not clear when Gov. Roy Cooper (D) will take any action on that bill, meaning it’s also unclear when those changes would take effect.
“We are prepared to both comply with the unjust confines of this law and continue to fight it,” said Jenny Black, president and CEO of Planned Parenthood South Atlantic. “This is a tense inflection moment. And, I think the important thing to focus on here is how sloppily this was done in the first place.”
During Wednesday’s hearing, Judge Catherine Eagles said she would issue an order before the law is scheduled to go into effect Saturday that will outline whether she will temporarily block parts of the law from taking effect, according to the Associated Press.
