News Abortion

Breaking: Federal Judge Blocks North Carolina Ultrasound Requirements

Jodi Jacobson

A federal judge has blocked a portion of North Carolina's new abortion restrictions that would make new requirements of medical providers who perform ultrasounds on pregnant women.

From The Republic:

A federal judge has blocked a portion of North Carolina’s new abortion restrictions that would make new requirements of medical providers who perform ultrasounds on pregnant women.

U.S. District Judge Catherine Eagles in Greensboro issued a preliminary injunction Tuesday, the day before the law is enforceable. Eagles blocked a provision regarding what must be shown and told to a woman when an ultrasound is performed at least four hours before the scheduled procedure.

The section required the medical worker to put the electronic image of the fetus in front of the pregnant woman, describe what the woman may view and offer her the chance to listen to the fetal heart beat.

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Eagles said other sections of the law — including a 24-hour waiting period — can be enforced.

News Law and Policy

Federal Judge Blocks Fetal Anomaly Law From Going Into Effect in Indiana

Michelle D. Anderson

Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana granted a preliminary injunction against the law's final disposition and sex, race, and genetic anomalies ban on Thursday, just a day before the law was to take effect.

A federal judge has blocked several provisions of an omnibus anti-abortion law that would have placed restrictions on the circumstances under which a pregnant person could decide to terminate their pregnancy.

Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana granted a preliminary injunction against the law‘s final disposition and sex, race, and genetic anomalies ban on Thursday, just a day before the law was to take effect.

Planned Parenthood of Indiana and Kentucky worked with the American Civil Liberties Union of Indiana to file a lawsuit and request an injunction in April, according to a local ABC affiliate.

Under the provisions halted by the injunction, pregnant persons across the state would have been banned from aborting a fetus based on an abnormality or race or gender-related reasons, among others.

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The Indiana General Assembly passed the law, also known as House Enrolled Act 1337, in March. Indiana Gov. Mike Pence, a Republican, signed the act shortly thereafter that month.

A similar bill failed to pass in the Indiana legislature last year. The version Pence signed this spring included a mandatory ultrasound requirement, a provision targeting fetal tissue donation, and a measure requiring physicians to provide information about hospice care to a pregnant person “who is considering an abortion because the fetus has been diagnosed with a lethal anomaly,” as previously reported by Rewire.

Reproductive health groups have said the notion of race and sex-selection abortions are based on misinformation, and disability advocates have said that HEA 1337 promotes speculation among physicians and perpetuates false narratives about the disabled community.

In her concluding statement, Pratt cited Roe v. Wade and Planned Parenthood v. Casey and said that the Supreme Court has made it clear a state “may not prohibit any woman for making the ultimate decision to terminate her pregnancy before viability.”

She went on to say the law’s information dissemination provision was “likely unconstitutional” as it requires abortion providers to convey false information regarding anti-discrimination provisions to their patients.

John Zody, chairman of the Indiana Democratic Party, called HEA 1337 “a harmful piece of legislation” and noted that legislators from both parties had criticized the measure, in a statement on Thursday.

“Today’s ruling by a federal judge emphasizes just how out of touch Gov. Pence’s ideology is with everyday Hoosiers and the law. The governor’s political agenda has caused real harm to the state’s already sluggish economy while also putting our reputations in further jeopardy,” Zody said.

Indiana Right to Life panned Pratt’s decision and noted that she blocked provisions of an Indiana law that denied taxpayer funds to abortion businesses and required that pregnant people be informed about a fetus’ so-called ability to feel pain in 2011.

The notion of fetal pain, as promoted by Stanford University School of Medicine professor Dr. Kanwaljeet “Sunny” Anand, was debunked in an article published by the Journal of the American Medical Association in 2005.

The fetal anomaly law was among nine laws set to go into effect on Friday, according to the Indianapolis Star. One of the nine bills includes a law instituting new guidelines on police body and dashboard camera footage that will allow local police departments to decide whether it will release videos. Members of the public will be allowed to appeal a police department request for footage, according to the Star.

News Law and Policy

Anti-Immigrant Bill Advances in North Carolina

Tina Vasquez

The bill may become law by the end of the legislative session Saturday, American Civil Liberties Union of North Carolina Acting Executive Director Sarah Preston told Rewire.

North Carolina’s HB 100, a bill that targets undocumented communities and aims to penalize cities not complying with local immigration laws, was sent to the house rules committee this week after passing the senate.

The bill could become law by the end of the legislative session Saturday, American Civil Liberties Union of North Carolina Acting Executive Director Sarah Preston told Rewire.

HB 100 expands on HB 318, the Protect North Carolina Workers Act, signed into law last year, which requires employers doing business with a “public entity” to use the federal E-Verify system to authenticate the citizenship status of job applicants, and bars government agencies and local law enforcement from verifying a person’s identity or residence using consular or embassy documents.

HB 100 will prohibit an exception in HB 318 that allows law enforcement to accept identification provided through local programs such as the FaithAction ID Initiative, which provides identification for any resident in the community “who may not have access to government issued forms of ID.”

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As ThinkProgress reported, these local ID programs were created “in partnership with law enforcement officials precisely because police wanted to make cities safer … FaithAction International House realized that undocumented immigrants were afraid to call the police when crimes occurred, fearing officers would arrest them instead because they lacked identification.”

Another bill introduced in May, SB 868, aims to prohibit law enforcement officials from being able to accept these IDs and under HB 100, these programs, popular in larger cities like Greensboro, would be illegal.

“Removing the ability to use these community IDs makes undocumented immigrants more likely to be targets of crime, because it makes them fearful to come forward and interact with law enforcement,” said Preston. “People who want to take advantage of the community know this community has very little recourse.”

What’s “incredibly troubling,” Preston said, is the reporting piece of the bill. The law allows anonymous tipsters to call the attorney general’s office and make complaints against their city, town, or local law enforcement alleging it is not following local immigration laws. As CityLab reported, a second reporting measure allows any person to “file a lawsuit asking a court to decide whether a city or county is non-compliant with state law.”

If the attorney general confirms a report that a city is not complying with the state’s anti-immigrant policies, whether these violations are intentional or inadvertent, the city’s transportation and education funding will be withdrawn for the year.

“These complaints would be anonymous and confidential and could take shape in many different ways, like someone at the county clerk’s office helping an undocumented person access records or seeing an undocumented person in court that a North Carolina resident doesn’t think is being treated as badly as they should be,” Preston said.

The attorney general would investigate “no matter how frivolous or incomplete it may be,” Preston told Rewire.

HB 100 comes on the heels of the Supreme Court’s split ruling on Deferred Action for Parents of Americans (DAPA), which would have provided an estimated 3.6 million undocumented parents of U.S. citizen or legal permanent resident children with a renewable work permit and exemption from deportation for two years. At a time when advocates are calling on cities to provide more local protections for undocumented immigrants in light of the ruling, Preston said this measure represents the “unnecessary targeting” of a community that has already been under attackboth nationally and in North Carolina—for years.

A recent series of immigration raids hit North Carolina’s undocumented communities, which comprise 7.6 percent of the population, hard. The state doesn’t have any sanctuary cities, which are regions that do not work with U.S. Immigration and Customs Enforcement for the detainment and deportation of undocumented community members.

HB 100 would actually make sanctuary cities illegal, explained Preston. And the inability by undocumented community members to access any form of identification would erode any relationship local law enforcement has been able to build with this community.

“I can’t answer why the state is going after such a vulnerable population,” Preston said. “I think it’s wrong and misguided, but I don’t have an answer. I wish I knew.”