South Carolina Supreme Court Upholds Six-Week Abortion Ban — After Ruling Against It

South Carolina lawmakers passed a bill that barred abortionists who detected an unborn baby’s heartbeat, usually at six weeks, from killing the baby. Governor Henry McMaster signed the bill into law.

The South Carolina Supreme Court in January 2023 struck it down as violating the state constitution.

The court contended that the law “which severely restricts and, in many cases, prohibits a woman’s decision to terminate a pregnancy” constitutes an “unreasonable invasion of privacy.”

But pro-life lawmakers didn’t give up on the voiceless and vulnerable unborn. They drafted and passed another heartbeat bill, and Gov. McMaster signed it into law in May 2023.

A court temporarily blocked it until the state Supreme Court could review it.

Pro-life lawmakers had hope, and that hope paid off.

The South Carolina Supreme Court this week ruled that the six-week abortion ban is constitutional. From the Herald:

Lawmakers included four exceptions in the six-week law: for rape and incest up to 12 weeks of pregnancy, in cases of fatal fetal anomaly, and in cases protecting the mother’s life.

Writing for the Supreme Court majority, Justice John Kittredge said the General Assembly crafted a law that balanced the rights of the mother and the unborn fetus.

“The legislature has made a policy determination that, at a certain point in the pregnancy, a woman’s interest in autonomy and privacy does not outweigh the interest of the unborn child to live,” Kittredge wrote.

One of the justices who voted against the previous law in January voted for this one. What changed?

“He cited changes made by the General Assembly to ensure access to contraception, including emergency contraception called “Plan B.”

States certainly have more leeway to regulate the killing of the unborn after the U.S. Supreme Court struck down Roe v. Wade (1973). The ruling became the “law of the land” and hampered states’ efforts to protect babies. When the high court struck down the 49-year-old ruling, abortion once again became a state issue.

My statement on the S.C. Supreme Court’s ruling that will protect the lives of countless unborn children: pic.twitter.com/4gM9SEuVlb

— Gov. Henry McMaster (@henrymcmaster) August 23, 2023

Photo credit: American Life League (Creative Commons) – Some Rights Reserved

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