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3mo ago

South Carolina Supreme Court Upholds Six-Week Abortion Ban in Unanimous Decision

The court ruled that 'fetal heartbeat' occurs at approximately six weeks, rejecting Planned Parenthood's argument for a nine-week threshold.

FILE - The exterior of the South Carolina Supreme Court building in Columbia, S.C. is shown, Jan. 18, 2023. The right to an abortion is back before the highest court in South Carolina on Tuesday, June 27, as Republicans try to restore a ban that was overturned earlier this year — this time in front of the only state Supreme Court in the nation made up entirely of men. (AP Photo/James Pollard, File)
FILE - A man supporting restrictions on abortion holds a sign as abortion-rights supporters hold signs behind him outside the South Carolina Statehouse on Thursday, July 7, 2022, in Columbia, S.C. (AP Photo/Meg Kinnard, file)
FILE - Protesters gather outside the state house in opposition to a proposed abortion ban debated Tuesday, Aug. 30, 2022 by the South Carolina House of Representatives in Columbia, S.C. (AP Photo/James Pollard, file)
South Carolina State House

Overview

  • The South Carolina Supreme Court unanimously upheld the 2023 Fetal Heartbeat and Protection From Abortion Act, defining the 'fetal heartbeat' as occurring around six weeks of pregnancy.
  • Planned Parenthood argued the ban should begin at nine weeks, when the heart is fully formed, but the court emphasized legislative intent for a six-week restriction.
  • The justices noted the law's medical terminology lacks precision, prompting them to rely on legislative records that referenced a six-week ban over 60 times during debates.
  • The law includes exceptions for rape or incest up to 12 weeks and for cases where the mother's life or physical health is at risk.
  • Planned Parenthood announced plans to appeal, while a separate federal lawsuit by OB-GYNs over the law's vagueness and its impact on medical care remains ongoing.