Democrats: Abortion rulings may be ‘a blessing in disguise’

Litigation Reports

Democratic candidates have decried North Carolina’s newly reinstated abortion restrictions after a federal judge allowed a state law banning nearly all abortions after 20 weeks of pregnancy to go into effect.

But some North Carolina Democrats say the ruling earlier this month — the latest fallout of the June U.S. Supreme Court decision eliminating federal abortion protections — might be the catalyst their party needed to reinvigorate its political prospects in what was shaping up to be a losing year.

“I do think it’s a blessing in disguise for Democrats,” said Morgan Jackson, consultant to powerful North Carolina Democrats like Gov. Roy Cooper and Attorney General Josh Stein. “It was a horrible policy decision that set back decades and decades of progress for women, but at that same time, it has given Democrats a renewed optimism about this year.”

U.S. District Judge William Osteen ruled Aug. 17 that the U.S. Supreme Court decision overturning Roe v. Wade erased the legal foundation for his 2019 ruling that had placed an injunction on the 1973 state law banning abortions after 20 weeks. Though the law allows leeway for urgent medical emergencies that threaten the patient’s life or “create serious risk of substantial and irreversible physical impairment,” it does not grant exceptions for rape or incest.

The judge’s decision comes as North Carolina is preparing to vote this fall on its entire state legislature, two state supreme court races, all 14 U.S. House seats and a high-profile U.S. Senate contest.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.