South Carolina Justices John Few (top, left), George James (top, right) John W. Kittredge (bottom, left), Donald Beatty (bottom, right)
The South Carolina Supreme Court on Wednesday ruled that the latest version of the state’s “Fetal Heartbeat and Protection from Abortion Act” was constitutional and vacated the preliminary injunction issued by a local circuit court. The law bans abortions in the state once electrical activity is detected in the embryo, which is typically around six weeks into a pregnancy and before most people even know they are pregnant. Chief Justice Donald Beatty was the lone dissenter.
The law permits exceptions for the patient's life and health, and for fatal fetal anomalies. It also allows abortion at up to 12 weeks of pregnancy in the case of rape or incest. The doctor also must report the crime and the victim's contact information to the area sheriff's office within 24 hours.
Earlier this year, the SC Supreme Court found the 2021 version of the “Fetal Heartbeat and Protection from Abortion Act” was unconstitutional on the grounds that it violated a woman's constitutional right to privacy. In response to this decision, the South Carolina General Assembly revised the act and passed a new version. Immediately after Governor Henry McMaster signed the 2023 Act into law, Planned Parenthood South Atlantic and three other medical providers filed an action in the circuit court seeking a declaration that the new law was unconstitutional. The circuit court granted an injunction pending the constitutional challenge.
In addition to the act being revised, another big change since the initial January ruling is that the makeup of the state’s Supreme Court has changed. After the retirement of Justice Kaye Hearn, a new justice, Gary Hill (right), was elected, making South Carolina’s supreme court the only all-male court in the country.
Governor McMaster today released the following statement in response to the ruling:
“The Supreme Court’s ruling 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. With this victory, we protect the lives of countless unborn children and reaffirm South Carolina’s place as one of the most pro-life states in America.”
You can read the ruling here.
