The South Carolina Supreme Court has thrown out a state law banning abortion after cardiac activity is detected, typically around six weeks of pregnancy.
In a 3-2 decision, the state’s high court ruled Thursday that the law violates the state constitution’s right to privacy, as it does not provide a woman “sufficient” time to determine she is pregnant and to end that pregnancy.
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“The State unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy,” 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 state Constitution’s prohibition against unreasonable invasions of privacy.”
South Carolina Republican Gov. Henry McMaster signed the law nearly two years prior, but it had been blocked by federal courts until it took effect last June when the Supreme Court overturned Roe v. Wade eliminating the constitutional right to an abortion. Shortly after, Planned Parenthood and local abortion providers filed a lawsuit to block the law, beginning a months-long legal battle leading up to the high court’s ruling.
The law had restricted most abortions past six weeks with exceptions for rape, incest, or endangerment to the mother’s life. The high court’s decision means that the state will follow an older law that allows abortions until 20 weeks of pregnancy.
“This is a monumental victory in the movement to protect legal abortion in the South. Planned Parenthood South Atlantic and our partners will continue our fight to block any bill that allows politicians to interfere in people’s private health care decisions,” said Jenny Black, president and CEO for Planned Parenthood South Atlantic.
GOP lawmakers in South Carolina quickly criticized the ruling.
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“Today’s decision fails to respect the concept of separation of powers and strips the people of this state from having a say in a decision that was meant to reflect their voices,” South Carolina House Speaker Murrell Smith (R) tweeted.
