Cooper’s abortion executive order doesn’t do much, but it’s important for NC

Gov. Roy Cooper held a press conference Wednesday with Planned Parenthood to announce that he would be taking measures to protect abortion rights in North Carolina in the wake of Roe v. Wade’s end. While surrounding states have severely restricted and even eliminated abortion access, North Carolina hasn’t changed.

“For now, it’s up to the states to determine whether [people] get reproductive health care, and in North Carolina they still can,” Cooper said in a press release. The key word there is “still” — Cooper does not have the power alone to save abortion access in North Carolina.

That didn’t stop the Democratic governor from playing up the moment a bit. He tweeted prior to the announcement that he would “take executive action to protect [people’s] reproductive health in NC.” He had Planned Parenthood representatives with him. It was a lot of pomp, despite the fact that the actual protections are pretty minimal, and mainly apply to folks coming into the state for abortions.

The executive order primarily protects people from out-of-state seeking abortion in North Carolina due to restrictive policies. The governor’s Cabinet agencies — which include the Department of Health and Human Services and the Department of Public Safety — are not allowed to cooperate with outside groups (such as other state governments) looking to criminalize people who get abortion services in North Carolina. The order says that the executive branch will not be cooperating with extradition demands from other states. It also implores law enforcement to understand the rights protected by state law, and it says pregnant employees of these Cabinet agencies aren’t required to travel to other states where abortion is illegal or nearly-eliminated. Though not specified in the order itself, his press release specifically highlights rape and incest victims who are no longer able to access abortion care in their states — even though people get abortions for lots of other reasons.

This effort is important: Planned Parenthood South Atlantic says that one-third of the abortions they performed last week involved out-of state residents, and it’s expected that that percentage will stay the same or increase over time.

But an equally critical part of Wednesday’s press conference was the message the governor is sending. Cooper is ready to fight on abortion, and as his party’s leader in North Carolina, he’s signaling to everyone, including fellow Democrats and voters, that he’s ready to lead.

That message is bolder than what’s come from the national Democratic party, which earned ire from progressives for not creating a plan after the initial Dobbs draft leaked, yet used it as an excuse to solicit donations to the party. Aside from platitudes, President Joe Biden has been largely quiet since Roe v. Wade was overturned two weeks ago (he signed an executive order Friday night, two days after Cooper’s, but it has been criticized for not doing enough). Cooper is trying to do more, and that means something.

To be clear, the governor’s executive order isn’t legislation that will permanently protect the right to abortion in North Carolina. It can’t be, and Cooper admitted as much. The governor can’t do much that’s significant on abortion without the legislature, which has a Republican majority and in all likelihood will try to restrict abortion further after the general election in November. If the GOP wins three new seats in the House and two seats in the Senate then, it will have a supermajority in the legislature. That supermajority will allow Republicans to pass whatever they want without needing to worry about Cooper’s inevitable veto.

“People need to know that their votes in state legislative races this November will determine the fate of [people’s] health and freedom in our state,” Cooper continued in his statement. That’s why this move, however limited it may be, matters. It signals to Democratic voters and officials that the battle begins now, and everyone needs to do what they can to fight. The governor wants everyone to follow his lead and do their part. He’s right.