Filed Date: Sept. 3, 2020
Closed Date: Dec. 22, 2022
Clearinghouse coding complete
Abortion providers in North Carolina (Planned Parenthood South Atlantic; A Woman’s Choice of Charlotte; A Woman’s Choice of Greensboro; A Woman’s Choice of Raleigh; three doctors; and an advanced practice clinician), and SisterSong Women of Color Reproductive Justice Collective filed this case on September 3, 2020 to challenge five medically unnecessary abortion restrictions (the “Abortion Restrictions”):
SisterSong and the providers say that the Abortion Restrictions burden, restrict, and discriminate against them and their patients, violating their state constitution’s equal protection and procedural and substantive due process civil rights. They also cite impacts: pushing abortion out of reach in the state and forcing patients to suffer the psychological, financial, logistical, emotional, and dignitary harms of maintaining an unwanted pregnancy; with a disproportionally detrimental impact on communities of color. They are represented by Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU), the ACLU of North Carolina Legal Foundation, and a private law firm. They sought declaratory relief and a permanent injunction in the Tenth Judicial District, Superior Court Division.
North Carolina filed a Motion to Dismiss on November 16, 2020, arguing non-justiciability and lack of standing–but Judge Rebecca W. Holt rejected their standing arguments on May 28, 2021 and referred the non-standing issues to a three-judge panel, per state judicial rules. The three-judge panel did not issue a decision.
On October 17, 2022, the Plaintiffs filed a motion for a partial preliminary injunction on the APC Ban, in particular, arguing that it was likely to succeed on the merits. The preliminary injunction motion had also not been decided. The trial on the rest of the case was scheduled for September 2023.
On December 22, 2022, the Plaintiffs filed a notice of voluntary dismissal without prejudice against all Defendants.
Summary Authors
Sophia Bucci (11/29/2022)
Michelle Wolk (1/3/2022)
State / Territory: North Carolina
Case Type(s):
Key Dates
Filing Date: Sept. 3, 2020
Closing Date: Dec. 22, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Numerous North Carolina abortion providers and affiliated staff and the SisterSong Women of Color Reproductive Justice Center
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Planned Parenthood Federation of America
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General:
Affected Sex or Gender:
Type of Facility: