South Carolina’s 6-Week Abortion Ban Overturned By State’s Supreme Court
In a 3-2 decision, the South Carolina Supreme Court struck down a state law banning abortion when an ultrasound detects a fetal heartbeat. Justice Kaye Hearn wrote in the majority opinion: “Six weeks is, quite simply, not a reasonable period of time for these two things to occur, and therefore the act violates our constitution’s prohibition against unreasonable invasions of privacy."
CNBC:
South Carolina Supreme Court Overturns State Abortion Ban
The South Carolina Supreme Court on Thursday overturned the state’s ban on abortion after around six weeks of pregnancy, ruling that the law violated the state’s constitutional right to privacy. The 3-2 decision comes nearly seven months after the U.S. Supreme Court’s bombshell ruling voiding the federal constitutional right to terminate pregnancies. (Mangan, 1/5)
The Post and Courier:
SC Supreme Court Tosses Out 6-Week Abortion Ban, Leaving It Legal Through 22 Weeks
The decision means abortion remains legal in South Carolina through 5½ months into a pregnancy, as per a 2016 law signed by then-Gov. Nikki Haley. It strikes the 2021 law signed by Gov. Henry McMaster that banned abortions once an ultrasound detects cardiac activity. Since that can occur as early as the sixth week, the law is commonly referred to as a six-week ban. (Adcox, 1/5)
ABC News:
South Carolina's Supreme Court Strikes Down 6-Week Abortion Ban
"We hold that the decision to terminate a pregnancy rests upon the utmost personal and private considerations imaginable, and implicates a woman's right to privacy," Justice Kaye Hearn wrote in the majority opinion. "While this right is not absolute and must be balanced against the State's interest in protecting unborn life, this Act, which severely limits -- and in many instances completely forecloses -- abortion, is an unreasonable restriction upon a woman's right to privacy." (Kakatos, 1/5)
The Hill:
South Carolina Supreme Court Strikes Down Six-Week Abortion Ban
Under the law, abortions were banned when a fetal heartbeat was detectable, which usually occurs around six weeks; South Carolina Supreme Court Justice Kaye Hearn noted that was before many people know they are pregnant. In her opinion, Hearn rejected the argument put forth by the South Carolina state government that the constitutional rights to privacy were limited by the absence of language mentioning bodily autonomy and medical care, an argument that states with similar laws have previously made. (Choi, 1/5)
AP:
South Carolina Supreme Court Strikes Down State Abortion Ban
The decision marked a significant victory for abortion rights’ advocates suddenly forced to find safeguards at the state level after the U.S. Supreme Court overturned Roe v. Wade in June. With federal abortion protections gone, Planned Parenthood South Atlantic sued in July under the South Carolina constitution’s right to privacy. Restrictions in other states are also facing challenges, some as a matter of religious freedom. (Pollard, 1/6)
