RALEIGH, N.C. — A bill to ban most abortions in North Carolina after 12 weeks is expected to pass quickly through the Republican-controlled General Assembly after the House voted 71-46 late Wednesday night to approve it. The measure goes to the Senate on Thursday.

Advocates on both sides of the debate had expected legislators to file a bill with new abortion restrictions this session. The U.S. Supreme Court last year overturned the landmark Roe v. Wade decision that guaranteed the constitutional right to abortion.

“The bill that’s been developed is a common-sense, reasonable approach to restricting second-and third-trimester abortions,” Senate leader Phil Berger said Tuesday evening as Republican lawmakers unveiled the bill.


What You Need To Know

  •  Republicans in the General Assembly unveiled a new bill Tuesday to ban abortion in North Carolina after 12 weeks

  •  The ban includes exceptions for rape and incest, the life or the mother, and "life-limiting abnormalities"

  •  The legislation skipped the typical process of hearings and debate in committee

  •  The House passed the measure 71-46, and the Senate is expected to approve it Thursday

Hundreds of protesters gathered at the General Assembly on Wednesday as the full House gathered for a vote on the 12-week abortion ban and dozens of other bills.

GOP leaders in the General Assembly have said for months that they were working on a deal, but did not release any specifics until late Tuesday.

The bill will likely face a veto from Gov. Roy Cooper, a Democrat who has promised to oppose any new abortion restrictions. Republicans now have enough votes to override the governor’s veto, thanks to Rep. Tricia Cotham, who switched parties to join the GOP last month.

The 46-page bill filed Tuesday would replace North Carolina’s existing abortion laws.

What the law says now

Under the current law, abortion in North Carolina is legal through 20 weeks of pregnancy.

Patients seeking an abortion are required to wait 72 hours between first seeing an abortion provider and getting the procedure or medication. Abortion providers are required to offer to let women see an ultrasound before an abortion.

North Carolina has become a destination for women seeking abortions from surrounding states that have more restrictive laws or less access to the procedure.

12-week ban, with exceptions

The bill makes most abortions illegal after 12 weeks of pregnancy. But it does have exceptions for rape or incest, to save the life of the mother, or for “life-limiting abnormalities.” Minors would have to have signed consent from their parent or guardian.

With the rape or incest exception, abortions would be allowed up to 20 weeks. Women would not need to file a police report, said Sen. Joyce Krawiec. The report of rape or incest would only have to be between a patient and her doctor.

Another exception, for “life limiting abnormalities,” allows abortions up to 24 weeks. Pregnant women typically get what’s called an “anatomy scan” around 20 weeks, which would show any major birth defects.

The bill does not explicitly say what qualifies as “life limiting anomalies.” The bill defines the term “life limiting anomaly” as: “The diagnosis by a qualified physician of a physical or genetic condition that (i) is defined as a life-limiting disorder by current medical evidence and (ii) is uniformly diagnosable.”

There is no limit on abortion to save the life of a mother. The bill specifically does not include psychological or emotional risks to the mother.

What else is in the bill?

The bill includes a number of other provisions, including more funding for long-term birth control. There would also be more money for foster care and for child care programs.

The bill increases parental leave for state employees. After giving birth, a state worker would be entitled to eight weeks of paid leave. Employees who have a new child (though did not give birth) would get four weeks.

Backroom deal

Republican leaders had indicated they were working on a deal for new abortion restrictions that could pass the General Assembly. It will also have to survive a veto override vote, requiring a three-fifths vote in both chambers.

Legislative leaders bypassed the normal law-making process with committee hearings and public debate. Abortion rights advocates criticized the bill and how it came to be.

“North Carolina lawmakers are hellbent on silencing our voices and denying our right to be heard in the people’s house, all in the name of stripping us of our fundamental rights and banning essential health care,” said Jillian Riley, director of public affairs for Planned Parenthood South Atlantic.

“Lawmakers have ignored their own deadlines, flagrantly disregarded the entire committee process, and eliminated any chance for the public to speak against this sweeping ban because they know what they’re doing is wrong and deeply unpopular,” she said in a statement.

What happens next

The bill was unveiled late Tuesday. By Wednesday night it had won House approval after vigorous opposition from Democrats. It will likely pass the Senate by the end of the day Thursday, lawmakers said.

Once the bill passes the General Assembly, it will go to the governor.

“I will veto this extreme ban and need everyone’s help to hold it,” Cooper said on social media Wednesday.

Then it will be up to the General Assembly to override Cooper’s veto. The Republicans, who have supermajorities in the House and Senate, will need every member of their party to vote in order to override the veto. They could also pull off a veto override with fewer members if some Democrats in the House decide to sit out the vote.

With the Republicans’ strength in the General Assembly, and their new majority on the State Supreme Court, even with court challenges it appears likely that the new 12-week abortion ban will become state law.