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Abortion Providers Ability to Sue OK’d in North Carolina Suit

June 16, 2021, 1:16 PM

Abortion providers in North Carolina have standing to challenge a law that criminalizes abortions after 20 weeks gestation because there’s a credible threat they will be prosecuted under it, the Fourth Circuit said Wednesday.

North Carolina argued that the lower court should have dismissed the case, instead of going on to find the law invalid on the grounds that it unconstitutionally bans previability abortions.

The law hasn’t been enforced against providers at any time since its adoption in the early 1970s, and there’s no reason for them to fear prosecution now, the state said.

But North Carolina’s lack of enforcement ...