Judge Puts South Carolina Abortion Ban on Hold

May 26, 2023
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Why It Matters

South Carolina has become an important access point for abortion in the South as other states in the region have banned the procedure.

“Our doors remain open, and we are here to provide compassionate and judgment-free health care to all South Carolinians,” said Jenny Black, president and chief executive of Planned Parenthood South Atlantic.

Background

South Carolina legislators struggled for months to come to an agreement on an abortion ban after the Supreme Court last year overturned Roe v. Wade and eliminated the national right to abortion. Republicans fought over how far a ban should go, and what exceptions to allow.

Three Republican women were part of a group of legislators who had tried to block a near-total ban.

The ban that finally passed prohibits most abortions after six weeks of pregnancy and requires any woman seeking an abortion to first have two in-person doctor’s visits and two ultrasounds.

The law allows exceptions for victims of rape and incest, and in cases of fatal fetal abnormalities or where the woman’s life and health are at risk, but those exceptions are only available up to 12 weeks of pregnancy.

The ban is similar to an earlier six-week ban overturned by the State Supreme Court last year, known as a heartbeat bill, because cardiac activity can be detected around that time.

The court ruled that the South Carolina Constitution provides a right to privacy that includes the right to abortion.

“While I respect Judge Newman’s decision, I remain convinced that the heartbeat bill is constitutional and that the Supreme Court will agree,” said the Senate’s president, Thomas Alexander, a Republican.

Source: The New York Times