In a significant development regarding reproductive rights, a South Carolina judge has issued a temporary block on the implementation of a new law that would have effectively banned most abortions after approximately six weeks of pregnancy. Judge Clifton Newman’s ruling comes in response to a motion filed by reproductive rights groups, who argue that the law should be reviewed by the state Supreme Court before being enacted.
The legislation, signed into law by Republican Governor Henry McMaster just a day prior to the ruling, faced immediate legal challenges. The judge’s decision ensures that the previous law, which permits abortions up to around 22 weeks, will remain in effect until the state’s highest court has had an opportunity to examine the new ban.
If ultimately upheld, the controversial measure would halt the influx of women seeking abortion services in South Carolina from neighboring states with more stringent abortion restrictions. This flow of women has been prompted by the revocation of federal abortion rights by the U.S. Supreme Court in June 2022.
It is worth noting that the six-week abortion ban in question is an amended version of a previous measure that was struck down by the state Supreme Court in a 3-2 decision earlier this year. The court deemed the earlier law to be in violation of the right to privacy guaranteed by the state’s constitution. However, with the retirement of one of the justices who voted against the ban, the outcome of the court’s review of the revised legislation remains uncertain.
Defending the bill, Republican state lawmakers argued during legislative hearings that the new measure rectifies the flaws that led to the rejection of its predecessor by the state Supreme Court. Governor McMaster expressed his hope that the Supreme Court would expedite the review process, reiterating his commitment to “continue fighting to protect the lives of the unborn.”
Upon hearing the news of the judge’s ruling, Planned Parenthood, one of the organizations that sued to block the law, celebrated the decision. Vicki Ringer, a spokesperson for Planned Parenthood, expressed her support on Twitter, stating, “This is good news for the women of SC today.”
Opponents of the six-week ban, including three female Republican state lawmakers, argued that it would lead to an increase in illegal abortions by depriving pregnant individuals of sufficient time to seek legal procedures. Republican state Senator Katrina Shealy voiced her concerns during a debate on the measure, asserting, “We in the South Carolina legislature are not God; we do not have the right to make decisions for someone else or presume to understand what they are going through.”
If ultimately upheld by the state Supreme Court, the six-week ban would allow abortions up to 12 weeks in cases of rape and incest, while also including an exception for medical emergencies.
This development highlights the ongoing and contentious battle surrounding abortion rights in South Carolina, underscoring the deeply divided opinions within the state’s legislative and judicial systems. The fate of the law now rests in the hands of the state’s highest court, which will play a pivotal role in shaping the future of reproductive healthcare in South Carolina.
