. The state Supreme Court ruled Thursday, Jan. 5, 2023, that the restrictions violate the state constitution’s right to privacy. COLUMBIA, S.C. — — The South Carolina Supreme Court struck down Thursday a ban on abortion after cardiac activity is detected — typically around six weeks — ruling the restriction violates the state constitution's right to privacy.
The decision comes nearly two years after Republican Gov. Henry McMaster signed the measure into law. The ban, which included exceptions for pregnancies caused by rape or incest or pregnancies that endangered the patient’s life, drew lawsuits almost immediately. Since then, legal challenges have made their way through both state and federal courts.
“The State unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy.
Federal courts had previously suspended the law. But the U.S. Supreme Court's overturning of Roe v. Wade allowed the restrictions to take place — for just a brief period. The state Supreme CourtThe high court's momentous decision in Dobbs v. Jackson Women's Health Organization set off a flurry of activity at the state level. Republican-dominated states moved forward with new restrictions while abortion rights' advocates sought additional safeguards.
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