South Carolina Supreme Court upholds six week abortion ban News
Janni Rye, CC0, via Wikimedia Commons
South Carolina Supreme Court upholds six week abortion ban

The South Carolina Supreme Court on Wednesday upheld the Fetal Heartbeat and Protection from Abortion Act, a state law banning abortions after six weeks of pregnancy.

The court’s reasoning demonstrates substantial deference to the state’s legislature. Specifically, the court cited a clear expression of compelling interest and a refined statutory scheme as reasons to uphold the law. According to the opinion:

[T]he legislature has found that the State has a compelling interest in protecting the lives of unborn children. That finding is indisputable and one we must respect. The legislature has further determined, after vigorous debate and compromise, that its interest in protecting the unborn becomes actionable upon the detection of a fetal heartbeat via ultrasound by qualified medical personnel. It would be a rogue imposition of will by the judiciary for us to say that the legislature’s determination is unreasonable as a matter of law.

Further, the court found that the law does not violate Article I, Section 10 of the South Carolina Constitution, which protects against “unreasonable invasions of privacy.” It reasoned that though the provision protects privacy, it does so in a broad manner that does not specifically protect access to abortion. It also reiterates the legislature’s belief that “a woman’s interest in autonomy and privacy does not outweigh the interest of the unborn child to live.”

The ruling was handed down in a lawsuit brought by Planned Parenthood South Atlantic against the state in an attempt to block the ban after it was signed into law. In May, a South Carolina court issued a temporary injunction preventing the ban from being enforced. Wednesday’s decision overturns the injunction, ultimately outlawing abortions after six weeks.

The decision is particularly notable because the South Carolina Supreme Court found a similar abortion ban unconstitutional less than eight months ago. Further, it was made by the country’s only all-male state high court.

In response to the court’s decision, South Carolina Governor Henry McMaster released a statement championing the ruling as one that “marks a historic moment in our state’s history and is the culmination of years of hard work and determination by so many in our state to ensure that the sanctity of life is protected.” A tweet from Planned Parenthood South Atlantic reads “our doors remain open and we’ll continue to provide abortion care under the severe restrictions of this law. We’ll never stop fighting.”

South Carolina is not the only state to pass such a strict ban on abortion. This year, Florida, Kentucky and Idaho passed or upheld laws that ban abortion after six weeks. Iowa Governor Kim Reynolds signed a ban of this kind into law in July, but a district judge quickly issued a temporary injunction barring its enforcement. This issue is expected to make its way to Iowa’s Supreme Court, much like the ban in South Carolina.