South Carolina Court Temporarily Blocks State’s Abortion Ban
- June 02, 2023
A South Carolina trial court temporarily enjoined May 26 the state’s newly enacted abortion law, which largely bans the procedure after six weeks of pregnancy (S. 474), the Center for Reproductive Rights reported.
South Carolina signed the Fetal Heartbeat and Protection Act on May 25. The law, which went into effect immediately, includes exceptions for rape or incest during the first 12 weeks of pregnancy, for the life and physical health of the woman, and for fatal fetal anomalies.
According to the Center for Reproductive Rights, the law is nearly identical to a six-week ban permanently struck down by the South Carolina Supreme Court in January. The state’s high court found the previous law was an unreasonable invasion of privacy that was unconstitutional under article I, section 10 of the South Carolina Constitution. Planned Parenthood South Atlantic v. South Carolina, No. 28127 (S.C. Jan. 5, 2023).
Planned Parenthood South Atlantic, Greenville Women’s Clinic, and two physician plaintiffs brought the challenge to S. 474 in the Richland County Court of Common Pleas, arguing the new law banning abortion violates rights to privacy, equal protection, and substantive due process under the state constitution. The lawsuit also alleges the law violates the Medicaid Act and improperly targets Planned Parenthood through an unconstitutional bill of attainder.