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Judge blocks 2 provisions in North Carolina’s new abortion law; 12-week near-ban remains in place

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Judge blocks 2 provisions in North Carolina’s new abortion law; 12-week near-ban remains in place

RALEIGH, N.C. (AP) — A federal judge on Saturday blocked two portions of North Carolina’s new abortion law from taking effect while a lawsuit continues. But nearly all of the restrictions approved by the legislature this year, including a near-ban after 12 weeks of pregnancy, aren’t being specifically challenged and remain intact.

U.S. District Judge Catherine Eagles issued an order halting enforcement of a provision to require surgical abortions that occur after 12 weeks — those for cases of rape and incest, for example — be performed only in hospitals, not abortion clinics. That limitation would have otherwise taken effect on Sunday.

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And in the same preliminary injunction, Eagles extended beyond her temporary decision in June an order preventing enforcement of a rule that doctors must document the existence of a pregnancy within the uterus before prescribing a medication abortion.

Abortion rights protesters are removed after becoming vocal, Tuesday, May 16, 2023, in Raleigh, N.C., after North Carolina House members voted to override Democratic Gov. Roy Cooper’s veto of a bill that would change the state’s ban on nearly all abortions from those after 20 weeks of pregnancy to those after 12 weeks of pregnancy. A federal judge on Saturday, Sept. 30, blocked two portions of North Carolina’s new abortion law from taking effect while a lawsuit continues. (AP Photo/Chris Seward)

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Short of successful appeals by Republican legislative leaders defending the laws, the order will remain in effect until a lawsuit filed by Planned Parenthood South Atlantic and a physician who performs abortions challenging the sections are resolved. The lawsuit also seeks to have clarified whether medications can be used during the second trimester to induce labor of a fetus that can’t survive outside the uterus.

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The litigation doesn’t directly seek to topple the crux of the abortion law enacted in May after GOP legislators overrode Democratic Gov. Roy Cooper’s veto. North Carolina had a ban on most abortions after 20 weeks before July 1, when the law scaled it back to 12 weeks.

The law, a response to the 2022 U.S. Supreme Court ruling that struck down Roe v. Wade, also added new exceptions for abortions through 20 weeks for cases of rape and incest and through 24 weeks for “life-limiting” fetal anomalies. A medical emergency exception also stayed in place.

People protest after leak of U.S. Supreme Court draft majority opinion on Roe v. Wade abortion rights decision, in Washington

Demonstrators hold signs during a protest outside the U.S. Supreme Court, after the leak of a draft majority opinion written by Justice Samuel Alito preparing for a majority of the court to overturn the landmark Roe v. Wade abortion rights decision later this year, in Washington, U.S., May 3, 2022. (REUTERS/Evelyn Hockstein)

On medication abortions, which bill sponsors say also are permitted through 12 weeks of pregnancy, the new law says a physician prescribing an abortion-inducing drug must first “document in the woman’s medical chart the … intrauterine location of the pregnancy.”

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Eagles wrote the plaintiffs were likely to be successful on their claim that the law is so vague as to subject abortion providers to claims that they broke the law if they can’t locate an embryo through an ultrasound because the pregnancy is so new.

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“Providers cannot know if medical abortion is authorized at any point through the twelfth week, as the statute explicitly says, or if the procedure is implicitly banned early in pregnancy,” said Eagles, who was nominated to the bench by then-President Barack Obama.

And Eagles wrote the plaintiffs offered “uncontradicted” evidence that procedures for surgical abortions — also known as procedural abortions — after 12 weeks of pregnancy are the same as those used for managing miscarriages at that time period. Yet women with miscarriages aren’t required to receive those procedures in the hospital, she added.

Republican legislative leaders defending the law in court “have offered no explanation or evidence — that is, no rational basis — for this differing treatment,” Eagles said in her order.

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Abortion-rights advocates still opposed to the new 12-week restrictions praised Saturday’s ruling.

pro-choice and pro-life protesters

Protesters on both sides of the issue hold signs as North Carolina House members debate, Tuesday, May 16, 2023, in Raleigh, N.C. A federal judge on Saturday, Sept. 30, blocked two portions of North Carolina’s new abortion law from taking effect while a lawsuit continues. (AP Photo/Chris Seward)

“We applaud the court’s decision to block a few of the onerous barriers to essential reproductive health care that have no basis in medicine,” said Dr. Beverly Gray, an OB-GYN and a named plaintiff in the case.

A spokesperson for Senate leader Phil Berger, one of the legislative defendants, said Saturday that Eagles’ order was still being reviewed.

Lawyers for Republican legislative leaders said in court documents in September that the provision requiring the documentation of an intrauterine pregnancy was designed to ensure the pregnancy was not ectopic, which can be dangerous. And “North Carolina rationally sought to help ensure the safety of women who may require hospitalization for complications from surgical abortions,” a legal brief from the lawmakers read.

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State Attorney General Josh Stein, a Democrat, abortion-rights supporter and 2024 candidate for governor, is officially a lawsuit defendant. But lawyers from his office asked Eagles to block the two provisions, largely agreeing with Planned Parenthood’s arguments. Stein said Saturday he was encouraged by Eagles’ ruling.

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Federal judge strikes down Biden admin's Title IX rewrite

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Federal judge strikes down Biden admin's Title IX rewrite

A federal judge in Kentucky blocked the Biden administration’s attempt to redefine sex in Title IX as “gender identity,” striking down the change nationwide.

The U.S. District Court Eastern District of Kentucky Northern Division made the ruling in Cardona v. Tennessee on Thursday.

Transgender flag and split with track finish line. (Getty Images)

“Another massive win for TN and the country!” Tennessee Attorney General Jonathan Skrmetti said in a post on X. “This morning, a federal court ruled in our favor and vacated the Biden admin’s radical new Title IX rule nationwide.

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“The court’s order is resounding victory for the protection of girls’ privacy in locker rooms and showers, and for the freedom to speak biologically-accurate pronouns.”

Sen. Bill Cassidy, R-La., released a statement on the ruling.

“It is clear the Biden-Harris administration completely lost its way on Title IX. They betrayed the original intent of Title IX by removing longstanding protections that ensured fairness for women and girls. Good to see this harmful regulation overturned,” he said. “With President Trump and a Republican majority in Congress, we will ensure women and girls have every opportunity to succeed on the field and in the classroom.”

The ruling came months after the Supreme Court rejected the Biden administration’s emergency request to enforce portions of a new rule that would have included protections from discrimination for transgender students under Title IX.

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The sweeping rule was issued in April and clarified that Title IX’s ban on “sex” discrimination in schools covers discrimination based on gender identity, sexual orientation and “pregnancy or related conditions.”

The rule took effect Aug. 1, and, for the first time, the law stated that discrimination based on sex includes conduct related to a person’s gender identity.

UPenn athlete Lia Thomas at nationals

University of Pennsylvania swimmer Lia Thomas, left, and Kentucky swimmer Riley Gaines react after finishing tied for 5th in the 200 Freestyle finals at the NCAA Swimming and Diving Championships on March 18, 2022 at the McAuley Aquatic Center in Atlanta. (Rich von Biberstein/Icon Sportswire via Getty Images)

It led to more than two dozen attorneys general suing over the rule, arguing it would conflict with some of their state laws that block transgender students from participating in women’s sports.

“When Title IX is viewed in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of being a male or female,” the court’s opinion read. “As this Court and others have explained, expanding the meaning of ‘on the basis of sex’ to include ‘gender identity’ turns Title IX on its head.

“While Title IX sought to level the playing field between men and women, it is rife with exceptions that allow males and females to be separated based on the enduring physical differences between the sexes.”

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Kristen Waggoner, president, CEO and general Counsel at Alliance Defending Freedom, said in a statement the ruling was a “colossal win for women and girls” in the U.S.

“The Biden administration’s radical attempt to redefine sex not only tossed fairness, safety, and privacy for female students out the window, it also threatened free speech and parental rights,” she added. “With this ruling, the federal court in Kentucky rejected the entire Biden rule and the administration’s illegal actions. We are thankful for the leadership of Tennessee Attorney General Jonathan Skrmetti and other state attorneys general who challenged this blatant overreach alongside our courageous clients. 

“This ruling provides enormous relief for students across the country, including our client who has already suffered harassment by a male student in the locker room and on her sports team. The U.S. Supreme Court can further protect girls like our client by granting cases brought by the ACLU against West Virginia and Idaho laws that protect women’s sports.”

The decision came as Sen. Tommy Tuberville, R-Ala., is set to push the Protection of Women and Girls in Sports Act to the Senate Floor.

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A procedural vote on it will happen on Friday.

Fox News’ Julia Johnson and Chad Pergram contributed to this report.

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.



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Laken Riley Act roils NJ governor’s race as 2 Dems skip roll: ‘The more someone campaigns the less they vote'

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Laken Riley Act roils NJ governor’s race as 2 Dems skip roll: ‘The more someone campaigns the less they vote'

Two Democrats in the 2025 race to succeed term-limited New Jersey Gov. Philip Murphy did not cast votes this week in Congress on the Laken Riley Act, leading them to be lambasted by gubernatorial candidates from both parties.

The House Clerk’s office recorded Reps. Mikie Sherrill of Essex and Josh Gottheimer of Bergen County recorded as “not voting” on the landmark bill, which would require illegal immigrants convicted of theft-related crimes be detained by municipal and state authorities.

The bill takes its name from a young woman murdered by an illegal immigrant in Georgia who had been previously arrested and released on lesser charges.

Jersey City Mayor Steve Fulop exclaimed, “This is cowardly,” in an X post.

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Reps. Mikie Sherrill and Rep Josh Gottheimer (Getty)

“We lose elections when we don’t have any core convictions… when we can’t explain why we have a view and why we believe in it. Hiding is not an answer that wins elections,” the Democrat said.

“Mikie and Josh are the same again – If you don’t have the courage to vote for a bill then what does that say about your courage to lead as Governor?” Fulop added.

Meanwhile, former Republican Assemblyman Jack Ciattarelli slammed the two lawmakers from their right.

“Shame on [Josh and Mikie] for gutlessly ducking a vote on the Laken Riley Act today,” said Ciattarelli.

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On X, Ciattarelli said Riley “fought till her last breath against a murderous illegal immigrant, but Josh/Mikie didn’t have the courage to stand up to their extreme far left base.”

Ciattarelli ran against Murphy in 2021 and nearly defeated him by Garden State standards, losing by less than three points. In November, President-elect Trump only lost the state by four points, leading the GOP to signal their optimism about flipping Trenton red this fall.

When the bill last came up for a vote, Gottheimer voted “yea,” and a spokesman told the Philadelphia Inquirer he would have supported the bill this week if he had voted.

New Jersey’s three Republican congressmen – Reps. Christopher Smith, Jeff Van Drew and Tom Kean Jr. – all voted for the Laken Riley Act.

Democratic Reps. Nellie Pou, Frank Pallone, Herbert Conaway, LaMonica McIver, Donald Norcross and Rob Menendez Jr. all voted against it.

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Republican Assemblywoman Dawn Fantasia – who is not running for governor – torched the pair on Wednesday with a quip:

“The Road to Drumthwacket is paved with flat squirrels who couldn’t make a decision,” she said, referring to the historic governor’s mansion near Princeton.

State Sen. Jon Bramnick, a GOP gubernatorial candidate, told Fox News Digital on Thursday that a lawmaker’s first responsibility is to their constituents, not their next campaign.

“I think you have to have campaign activities come secondary to your responsibility,” Bramnick said when asked about Gottheimer’s and Sherrill’s non-votes.

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“The key question is – if you’re going to run – campaign activities must be secondary to your voting,” adding that systemically it seems “the more [someone] campaigns the less they vote.”

Bramnick, who is also an attorney in Plainfield, added that he couldn’t assume what was on the two Democrats’ minds in terms of their vote, but that immigration is a hot issue and often difficult to navigate.

State Sen. Jon Bramnick recently spoke out about drone sightings in New Jersey.

State Sen. Jon Bramnick recently spoke out about drone sightings in New Jersey. (Bobby Bank/Getty Images | Doug Hood/Asbury Park Press)

With the Laken Riley Act scoring 48 Democratic “yea’s,” Bramnick said immigration is a bipartisan issue.

If elected governor, he said he would “follow the law” when asked how he would approach President-elect Trump or border czar-designate Tom Homan.

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“Unfortunately, the Congress hasn’t done anything to [create] a path to citizenship for people who may have an opportunity to stay here,” he said, discussing those who have lived in the U.S. for many years as otherwise law-abiding members of their communities.

“If America doesn’t like the law, change it,  but state-by-state shouldn’t change the law based on how they feel on the issue.”

Sherrill and Gottheimer did not immediately respond to inquiries made via their campaigns.

Another Democrat in the race, Ras Baraka – mayor of the state’s largest city, Newark – also did not respond.

Baraka, however, separately indicated he would have voted against the Laken Riley Act if he were in Congress.

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Apalachee High School student arrested for allegedly bringing gun to campus months after deadly mass shooting

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Apalachee High School student arrested for allegedly bringing gun to campus months after deadly mass shooting

The Barrow County Sheriff’s Office said a 14-year-old student was arrested Wednesday after he allegedly brought a gun to Apalachee High School, the same Georgia school where two students and two teachers were killed in a mass shooting in September.

At approximately 2:02 p.m., school resource officers arrested the student without incident.

“The student was cooperative and compliant when encountered by law enforcement officers, and there have been no reports of the student threatening anyone with the gun,” the sheriff’s office said.

The boy, who was not named due to his age, has since been transported to a youth detention center.

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Law enforcement responded to Apalachee High School in Winder, Ga., Sept. 4, 2024, after a mass shooting. (Christian Monterrosa/AFP)

The boy was charged with theft, being a minor in possession of a gun and possessing a weapon on school grounds. 

Officials didn’t say what type of gun was seized or how the child acquired the gun.

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A memorial to the shooting victims at Apalachee High School entry

A memorial is placed at Apalachee High School to commemorate the school’s shooting victims Sept. 7, 2024, in Winder, Ga. (The Washington Post/Contributor)

In response to the incident, the Barrow County School System canceled Thursday’s classes at the high school and called for a meeting to discuss immediate safety enhancement options.

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“We understand this brings up many different feelings in each of us,” the school system said. “We will update you all following the board meeting tomorrow with any changes regarding school procedures.” 

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Colin Gray (L) and Colt Gray (R)

A Barrow County grand jury indicted 14-year-old Colt Gray and his father, Colin Gray.  (AP Photo/Brynn Anderson/Barrow County Sheriff’s Office)

On Sept. 4, 14-year-old student Colt Gray allegedly opened fire at Apalachee High School, killing two teachers and two students.

Teachers Richard Aspinwall, 39, and Cristina Irimie, 53, and students Mason Schermerhorn and Christian Angulo, both 14, were killed.

Gray has since been indicted on 55 counts as an adult, including 25 counts of aggravated assault. He has pleaded not guilty and faces a maximum penalty of life in prison without parole or life with the possibility of parole if convicted.

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His father, Colin Gray, who was arrested and charged with buying the semiautomatic AR-15-style rifle used in the shooting and giving it to Colt for Christmas, is facing 29 counts, including two counts of second-degree murder and two counts of involuntary manslaughter. He has also pleaded not guilty. 

Georgia is one of 42 states in the U.S. that holds parents criminally responsible for their children.

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