The South Carolina Supreme Court has struck down a ban on abortion after cardiac activity is detected — typically around six weeks
In South Carolina, lawyers representing the state Legislature have argued that the right to privacy should be interpreted narrowly. During, they argued historical context suggests lawmakers intended to protect against searches and seizures when they ratified the right in 1971. Planned Parenthood attorneys representing the challengers have said the right to privacy encompasses abortion. They argued previous state Supreme Court decisions already extended the right to bodily autonomy.
The justices’ limited ruling left the door open for future changes. The state House and Senate failed to agree on additional restrictions during this past summer’s special session on abortion. Still, a small but growing group of conservative lawmakers have vowed to push that envelope once more this legislative session — despite some Republican leaders’ previous insistence no agreement is possible.
In a dissenting opinion, Kittredge warned against “a judicial resolution of this policy dispute" in lieu of a “proper constitutional challenge.” “With this opinion, the Court has clearly exceeded its authority,” McMaster's statement said. “The people have spoken through their elected representatives multiple times on this issue. I look forward to working with the General Assembly to correct this error.”
Abortion access advocates likewise doubled down on their opposition to new restrictions, anticipating further debate in the legislature.
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