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2w ago

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

The court affirmed legislative intent behind the 2023 law, rejecting arguments for a later cutoff tied to fetal heart development.

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 a six-week abortion ban, interpreting 'cardiac activity' as beginning at six weeks of pregnancy.
  • Planned Parenthood argued the ban should start at nine weeks, when significant fetal heart development occurs, but the court found no legislative support for this interpretation.
  • The court emphasized that lawmakers consistently framed the 2023 law as a six-week ban during legislative debates.
  • South Carolina's law includes exceptions for rape and incest up to 12 weeks, and a federal lawsuit challenging the law's vagueness is ongoing.
  • This decision places South Carolina among 12 states enforcing near-total abortion bans, with four imposing restrictions at or around six weeks.