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Gov. Cooper Signs Executive Order Bolstering Abortion Access in North Carolina

But he warned that his ability to veto any anti-abortion laws pushed by the Republican-controlled General Assembly was at risk in the November elections.

North Carolina Democratic Gov. Roy Cooper signs an executive order designed to protect abortion rights in the state at the Executive Mansion in Raleigh, N.C. on Wednesday, July 6, 2022. The order in part prevents the extradition of a woman who receives an abortion in North Carolina but may live in another state where the procedure is barred. (AP Photo/Gary D. Robertson).

But he warned that his ability to veto any anti-abortion laws pushed by the Republican-controlled General Assembly was at risk in the November elections.

South Carolina lawmakers this week are considering whether or not to ban all abortions from conception, except to save the life of the mother. The move comes after a six-week banโ€”before many women even know they are pregnantโ€”went into effect after the fall of Roe v. Wade last month. 

In fact, in the two weeks since the US Supreme Court struck down the constitutional right to abortion care, nearly a dozen states have severely restricted access to abortion or banned it outright, either through new laws or trigger laws that were automatically reinstated once Roe was overturned. 

On Wednesday, Gov. Roy Cooper took a step to ensure, at least for now, that North Carolina would not join them.

Vowing to โ€œnever back down when womenโ€™s health is on the line,โ€ Cooper signed an executive order that helps ensure patients have access to abortions here and protects doctors and abortion providers against lawsuits from other states.

Cooper also warned that his ability to veto anti-abortion laws pushed by the Republican-controlled General Assembly, so far the only thing that has kept them at bay, was at risk in the November elections.

โ€œWe know the direction of womenโ€™s healthcare in our state isnโ€™t just up to me,โ€ Cooper said at a press conference before he signed the order. โ€œThe state legislature makes the laws and they can pass some bad ones.โ€

The executive order would โ€œhelp us make sure that patients can get the care that they need in North Carolina,โ€ Cooper said, โ€œeven if they come from out of state.โ€

The orderโ€™s provisions:

  • Help local law enforcement officials enforce state law prohibiting anyone from obstructing or blocking access to a healthcare facility. 

Cooper said he had already spoken to police officials throughout the state and would continue to do so, reminding them that while free speech protections allow some protests at abortion clincis, they do not allow anyone to prevent patients from going in the building or to harrass them as they do so. 

  • Prohibit any North Carolina state agency from requiring a pregnant employee to travel to states that have severely restricted or banned abortion. 

Though the vast majority of abortions take place in the first 20 weeks of pregancy, most of those that happen later are because of a serious health risk to the mother. Many of the laws in the states banning abortion provide no exceptions to the health of the parent.

  • Bar any North Carolina cabinet agencies from cooperating in lawsuits from other states against North Carolina abortion providers, advocacy groups, or women who traveled here from those states to get an abortion. 

Abortion rights advocates and health officials fear that legislatures that have banned abortion could try to punish anyone who help a resident cross state lines to get the procedure, including doctors in states where it is still legal.

Any law enforcement officials from other states โ€œtrying to enforce one of these oppressive criminal laws,โ€ Cooper said, โ€œwould have to get information from North Carolina about what happened, and this executive order instructs cabinet agencies not to provide that information.โ€ 

Dr. Katherine Farris, the chief medical officer of Planned Parenthood South Atlantic, said at the press conference that this week alone, her groupโ€™s abortion providers in North Carolina were set to deliver care to nearly 200 patients from other states, a third of currently scheduled visits. This number is expected to rise, she said.

While North Carolina is one of the only Southern states where abortion remains legal, there are some restrictions. And if North Carolina Republicans in the General Assembly win a supermajority in November, that is all but assured to change.

Republican leaders have said they would not try to bring these kinds of bills up for a vote as long as they lacked the numbers to override Cooperโ€™s veto. But they will revisit the issue after the November elections, they said. 

โ€œThe consequences for this November’s elections have never been more serious,โ€ Cooper said.  โ€œIf Democrats lose just two seats in the [NC] Senate or three seats in the House, then North Carolina loses the ability to protect womenโ€™s reproductive rights.โ€

And these races, he said, โ€œcould be decided by a handful of votes.โ€

The legislature has already tried to pass highly restrictive measures, including a ban after six weeks. 

โ€œToo often weโ€™ve expected the worst for this legislature,โ€ Cooper said, โ€œand too often they have delivered.โ€

The โ€œbad billsโ€ he has vetoed in his term, he said, โ€œwere introduced before this terrible Supreme Court ruling,โ€ and the General Assembly will now โ€œbe even more brazen and dangerous,โ€ if they win enough votes. 

โ€œWe cannot allow those bills to become laws in North Carolina,โ€ Cooper said. 

Alexis McGill Johnson, the president and CEO of Planned Parenthood Federation of America, was one of several abortion rights advocates who attended the signing. 

She said that abortion rights access in North Carolina was essential beyond its borders. 

โ€œPeople throughout the Southeast rely on North Carolina as an access point,โ€ McGill Johnson said. โ€œWithout Gov. Cooperโ€™s help, without his veto, access for people in North Carolina, and South Carolina, Tennessee, and the entire region would be devastated.โ€

Still, she said, this executive order was a small, but important step.

โ€œThere are a lot of people out there who I know are feeling hopeless,โ€ she said. โ€œBut today right here in North Carolina, we are rebuilding some of that hope.โ€