South Carolina Supreme Court overturns state 6-week abortion ban as unconstitutional

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The South Carolina Supreme Court overturned law bannning abortions after six weeks of pregnancy, saying it violated a constitutional right to privacy.

"We hold that the decision to terminate a pregnancy rests upon the utmost personal and private considerations imaginable, and implicates a woman's right to pregnancy," Justice Kaye Hearn wrote in the majority opinion.

But that argument was rejected by Hearn and the two justices that joined her in the majority ruling: Chief Justice Donald Beatty and Justice John Few. "Six weeks is, quite simply, not a reasonable period of time for these two things to occur," she wrote. That ban included exceptions in cases of pregnancies that threatened the mother's life, and for pregnancies caused by rape or incest.

In a dissent Thursday, Justice John Kittredge wrote that the constitutional reference to "unreasonable invasions of privacy" was an "ambiguous phrase."

 

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