Politics & Government

‘More protection for the unborn.’ What NC GOP abortion bills might look like in 2023

Abortion is legal, with some regulations, in North Carolina. But reproductive law in the state could change if the makeup of the legislature changes this fall.

The governor is a Democrat, and the General Assembly is controlled by Republicans. House Speaker Tim Moore told reporters earlier this year that Republicans don’t plan to take up any legislation about abortion this year because they don’t have a supermajority and Gov. Roy Cooper will veto whatever they pass.

On Tuesday, Moore was asked what legislation might look like next year, and what he thinks about abortion.

“Not certain at this point,” he said. “I do think you would see more protection for the unborn.

“Here’s what happens: you get the two extremes out there talking, right: You got some folks who think abortion ought to be legal up until five minutes before a baby’s born. That’s the most extreme, crazy position. Then you’ve got those who feel like the most extreme from the very beginning, that you know, if you’re even thinking about having sex you can’t have an abortion. There’s all these extremes.”

Moore said the House Republican caucus has not yet discussed potential abortion legislation, but he would want to hear from the women members of the caucus.

“What we really need to have is a real conversation where folks are involved that really dealt with what is absolutely a critical issue. When a woman is facing this, this is the most tumultuous decision she’s faced with in her life at that point, probably. It’s not just her life though, there’s the life of a child involved. And what do you do to balance those things? And I think it’s going to take a real conversation to see what we can reach as a reasonable position.”

‘Protecting the unborn’

Moore said his personal stance is that when there is a heartbeat, that’s a child. He said he’d want “an honest and full conversation” about it within the caucus. Moore also said he believes there should be exceptions for rape, incest and life of the mother.

Some states have heartbeat laws that ban abortion as early as six weeks, which is around when cardiac activity can be detected and often before someone knows they are pregnant, The Associated Press reported.

Senate leader Phil Berger told reporters in June that abortion is “a serious enough issue” that senators will take time and then “deal with any potential changes in the next legislative session.” He has encouraged them to “look at what they would see as what North Carolina’s rules should be if we were writing on a clear slate,” Berger said.

Later in June, Berger and Moore called on Attorney General Josh Stein, a Democrat, to reinstate North Carolina’s ban on abortion after 20 weeks of pregnancy. Not doing so “betrays our most vulnerable,” Berger said at the time in a statement.

“I remain committed to protecting the unborn and upholding the sanctity of life,” Berger said.

He also told WRAL in July that women should have some autonomy early in a pregnancy, but that at some point, “society and the law should have a role in protecting the life of the fetus.” Berger said there would be conversations about where that point is, and also said he’s encouraging senators to talk to their constituents. He also said he believes in exceptions for rape and incest.

Last week Stein said his office would not ask a federal judge to reinstate the state’s 20-week ban on abortion, The News & Observer previously reported.

Cooper signed an executive order in early July protecting abortion access in North Carolina, particularly as it becomes a destination for abortion for those living in states with more restrictive laws.

What a proposed bill will look like next year will likely depend on whether Republicans gain a supermajority.

The November election does not have the governor on the ballot, but it does have all 170 seats in the state House and Senate. If Republicans’ majorities turn into supermajorities, they can override vetoes from Cooper without any votes from Democrats. Since Republicans lost the supermajority in 2018, they have not successfully overturned Cooper’s vetoes.

For more North Carolina government and politics news, listen to the Under the Dome politics podcast from The News & Observer and the NC Insider. You can find it at https://campsite.bio/underthedome or wherever you get your podcasts.

This story was originally published July 29, 2022 at 11:02 AM.

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Dawn Baumgartner Vaughan
The News & Observer
Dawn Baumgartner Vaughan is the Capitol Bureau Chief for The News & Observer, leading coverage of the legislative and executive branches in North Carolina with a focus on the governor, General Assembly leadership and state budget. She has received the McClatchy President’s Award, N.C. Open Government Coalition Sunshine Award and several North Carolina Press Association awards, including for politics and investigative reporting.
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