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Columbia, South Carolina (AP) – The South Carolina supreme court has indicated that the state may proceed with banning abortions approximately six weeks post-conception by adopting the earliest definition of when a heartbeat is detected.
The ruling was unanimous, with the 2023 Law deemed vague. Proponents and opponents of the law generally believed that the term ‘planned custody’ meant banning abortions post-six weeks until two years ago, when a challenge to the law was dismissed.
The legislation stipulates that an abortion is not permitted after an ultrasound shows “activity of the heart, or stable, repeated rhythmic contractions of the fetal heart within the pregnancy sac.”
The state contended that the key moment is when the ultrasound picks up cardiac activity. Planned Parenthood argues that the term after “or” indicates the ban should only be applied once the essential parts of the heart have formed and “repeated rhythmic contractions” have commenced.
AP Audio: South Carolina Supreme Court decides the definition of heartbeat that allows a six-week abortion ban
Associated Press Correspondent Haya Panjwani reports on abortion developments in South Carolina.
The judge recognized the medical inaccuracies within South Carolina’s heartbeat provision, akin to similar laws in other states. However, they emphasized the importance of understanding the General Assembly’s intent.
“Throughout the 2023 legislative sessions, we found no instances where anyone linked the general session to a nine-week abortion ban.” Court opinion.
The judge remarked they were swayed by the fact that opponents of the law cited the six-week timeline when discussing when child support payments would start.
The Supreme Court noted that South Carolina referenced “six-week ban” over 300 times in applications related to a 2021 ban on cardiac activity. This was overturned in a 3-2 decision in 2023 after recovering a few months post legislative amendments, with the sole female justice who reversed the ban retiring due to age.
Following the US Supreme Court’s Roe v. Wade reversal in 2022, many Republican-led states have implemented new abortion restrictions or bans, while most Democratic-led states have moved to safeguard access to abortion services.
At present, 12 states enforce strict abortion bans at all gestational stages, with limited exceptions. South Carolina and three other states have enacted bans around the six-week mark—often before many women even realize they are pregnant.
The battle over abortion legislation in South Carolina is ongoing. This month, a federal judge permitted five OB-Gyn doctors to proceed with their lawsuit, claiming they are unable to provide adequate patient care due to vague definitions of heartbeat and exceptions that only permit abortion when a woman’s life is at risk.
South Carolina law allows for abortions up to 12 weeks after conception in cases of rape or incest.
Governor Henry McMaster of South Carolina stated that the state would persist in defending the law as long as it faced legal challenges.
“Today’s ruling marks yet another significant victory that ensures countless unborn children are protected and reinforces South Carolina’s commitment to upholding the sanctity of life,” he declared in a statement.
Planned Parenthood committed to continuing the legal battle against the ban, asserting it would negatively impact women’s health and the state’s healthcare system.
“Justice was not served today, and the residents of South Carolina are bearing the consequences. Individuals are being forced into unwanted pregnancies, suffering from severe infections, and in some cases, dying as a direct result of this abortion ban,” stated the organization.
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Source: apnews.com