Critics blast Stein’s executive order on abortion access

Critics are calling out North Carolina Gov. Josh Stein, a Democrat, after he announced his eighth executive order in Charlotte Thursday that focuses on abortion access and birth control.

His press release says the order directs cabinet agencies to safeguard medical privacy, ensures women receive accurate pregnancy information, and protects doctors providing lawful reproductive health care.

“Our state has seen alarming attacks on women’s reproductive rights over the past few years, and I remain committed to doing everything in my power to protect women’s freedoms and their privacy,” Stein said. “I am directing my cabinet agencies to take specific action to protect women and health care providers from extreme anti-reproductive freedom laws.”

Stein’s executive order has the following provisions:

• Directs cabinet agencies to pursue opportunities to protect medical professionals providing lawful reproductive health care services and patients obtaining lawful reproductive health care services in North Carolina.
• Directs cabinet agencies not to cooperate with efforts to impose penalties, including investigation or prosecution, on medical professionals providing lawful reproductive health care services or patients obtaining lawful reproductive health care.
• Directs cabinet agencies to protect women’s medical privacy by reviewing and, if necessary, revising policies about the records and data they collect related to a woman’s reproductive health care
• Directs DHHS to provide information about the differences between healthcare providers and other entities that offer services to pregnant women—including differences in available services and applicable patient privacy laws—on their printed and online materials.
• Directs DHHS to take appropriate and feasible measures to ensure North Carolinians have reliable, consistent access to safe and legal reproductive health care medications and birth control.

He has been a strong proponent of abortion and a woman’s right to choose through his campaign and his case against North Carolina’s restrictions on the abortion drug mifepristone in a new court filing, which he restated last month. Stein is the lead defendant in a UNC Health doctor’s lawsuit challenging state restrictions.

Stein had been vocal about stating that he would not defend the new abortion law passed by the Republican-led General Assembly, which took effect in July 2023. It reduced the gestation age allowed for an abortion from 20 to 12 weeks.

The executive order wouldn’t affect the law, but state Sen. Amy Galey, R-Alamance, told Carolina Journal in a phone interview Friday morning that she thinks Stein wants to keep the issue in the forefront for a few reasons, primarily for fundraising.

“The Democrats clearly don’t want people to forget about the abortion issue, and so it’s just a way to keep those embers glowing and remind people that the issue exists,” she said. “So, to fundraise, clearly, he’s going to use that as the basis of a fundraising event or effort, and also, I think that the use of the Executive Order since the (COVD-19) virus has just really gotten out of control.”

While he talked about unity with Republicans in his inauguration address on Saturday, Galey said Stein isn’t off to a great start.

“Stein goes around right now talking about how he wants to work with people he wants to cross the aisle,” she told CJ. “He seems like he’s made some great efforts to do that, but then he issues an executive order like this, well, which is it? Do you want to inflame passions, or do you want to get along? If you want to get along with people, then quit stoking fear and suspicion. That’s all this order does.”

Galey pointed out that the executive order actually draws attention to the fact that women are coming to North Carolina to have abortions because the law is moderate. North Carolina has among the least restrictive abortion laws in the southeast.

“It really shows you that we have a moderate abortion law that is working as far as through providing the services that the Democrats say that women need,” she said. “Our abortion law, as it currently is, provides the reproductive health care that women say they need, and evidence of that is women from other states are coming here to get that care. So, what’s the problem?”

Galey said the order is not bipartisan and flies in the face of any attempted efforts of bipartisan compromise.

Pro-life group NC Values issued a press release that states with all the serious challenges facing North Carolinians, “Stein shows front and center that his priorities lie with enshrining a culture of death in North Carolina as best he can.”

With all the serious challenges facing North Carolinians, Gov. Stein’s Executive Order No. 8 entitled “Reproductive Rights” shows front and center just where his priorities lie—with enshrining a culture of death in North Carolina as best he can. #ncpolhttps://t.co/McUds0EAwT

— 🧭 NC Values (@NCValues) January 17, 2025

The group said the order is legally problematic in several ways.

First, the say it violates the US Constitution’s Full Faith and Credit Clause.

The provision requires states to recognize the laws and judgments of other states, because it attempts to protect from prosecution medical personnel who violate the laws of another state. Shield laws run roughshod over this constitutional protection, according to NC Values.

Secondly, Stein’s attempt to make North Carolina a shield law state is illegal because his actions exceed his executive authority.   

The group said Shield laws are particularly egregious with the rise of the abortion drug cartel.  Enacted in several states, the laws protect doctors, pharmacies, and website operators from facing prosecution or civil liability for violating abortion laws in other states.

They said the shield laws would hurt North Carolinians.

“Our law prohibits the shipment of abortion pills into the state unless the shipment is in compliance with our informed consent, waiting period, and parental consent requirements,” the release states.  “Yet, reportedly, we have 2,000 shipments coming to NC each month from these states from doctors, pharmacies, and websites operating with no consequences. Stein is attempting to make North Carolina a participant in this cartel by providing the same protection for abortion pill providers legally affiliated with the state.” 

Lastly, the group questions the provision that directs the North Carolina Department of Health and Human Services (NCDHHS) to provide “information about the differences between healthcare providers and other entities that offer services to pregnant women, including differences in available services and applicable patient privacy laws.”

NC Values said that North Carolina already has a specific statute that dictates the content of that information. By adding to those requirements, “Stein is overstepping his authority as governor.”

In addition, they say the provision is unnecessary because all pregnancy care centers in North Carolina already comply with existing privacy laws.

The post Critics blast Stein’s executive order on abortion access first appeared on Carolina Journal.