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Decades of attacks on reproductive rights and health care access by state legislators have already led to provider shortages and an inadequate public health infrastructure in the state, with the COVID-19 pandemic only exacerbating these issues. These discriminatory policies violate civil and reproductive rights, and disproportionately impact North Carolina’s communities of color, particularly Black communities, as well as rural communities.

The restrictions being challenged include:

• A licensing scheme that arbitrarily singles out abortion providers with medically unnecessary and onerous requirements;
• A ban on qualified advanced practice clinicians (APCs), such as physician assistants, certified nurse-midwives, and nurse practitioners, from providing abortions;
• A ban on the use of telehealth for medication abortion;
• A requirement that providers deliver state-mandated biased counseling with no medical benefit to their patients; and
• A mandatory delay for patients seeking an abortion of at least 72 hours after they receive state-mandated information.

The case was filed in September 2020 in the North Carolina Superior Court. In January 2021, defendants filed a motion to dismiss. In May 2021, the Court denied this motion on two of three grounds, with the third ground referred to a three-judge panel in accordance to North Carolina law. Plaintiffs in the case are Planned Parenthood South Atlantic; SisterSong Women of Color Reproductive Justice Collective; three doctors; and one advanced practice clinician. They are represented by Planned Parenthood Federation of America, the American Civil Liberties Union (ACLU), the ACLU of North Carolina, and the Center for Reproductive Rights.