South Carolina Supreme Court Upholds New Near-Total Abortion Ban
The South Carolina Supreme Court has upheld the state’s new near-total ban on abortion in a 4-1 vote, reversing a previous decision made in January that struck down a similar ban. The January decision had declared that the State Constitution’s protections for privacy included a right to abortion. However, with a change in the court’s composition and the passage of a new abortion law by the State Legislature, the court’s decision to uphold the ban was expected.
The court’s decision reiterated the justices’ stance on the right to privacy in the State Constitution but stated that the Legislature had addressed concerns from the previous law and “balanced” the interests of pregnant women with those of the fetus. Justice John Kittredge, the author of the majority decision, acknowledged that the new law infringes on a woman’s right to privacy and bodily autonomy but emphasized that the state’s constitution prohibits only “unreasonable invasions of privacy.”
The new law prohibits abortion after embryonic cardiac activity can be detected, which is typically around six weeks of pregnancy. Previously, South Carolina allowed abortion until 22 weeks, making it a destination for women seeking the procedure as other Southern states implemented bans. Republican leaders in the Senate celebrated the decision, stating that South Carolina is now a refuge for the unborn rather than an abortion destination.
However, reproductive rights advocates and medical providers have criticized the decision. Jenny Black, the chief executive of Planned Parenthood South Atlantic, argued that the ban would force women to carry pregnancies against their will and highlighted the “dangerous politicization of South Carolina’s highest court.” She emphasized that the ban is nearly identical to the one previously struck down, and the only change is the court’s composition.
South Carolina has become an unexpected battleground over abortion rights since the United States Supreme Court overturned Roe v. Wade last year. The state’s Republican-controlled Legislature passed a law in 2021 banning abortion when cardiac activity can be detected, which took effect when Roe was overturned. Advocates and providers sued, asserting that the state constitution protects the right to abortion.
In January, the court surprised reproductive rights supporters by agreeing with them but also indicated that the right to abortion is not absolute and must be balanced against the state’s interest in protecting unborn life. Anti-abortion lawmakers then sought to pass an even stricter ban and crafted a law to align with the January decision. They capitalized on changes in the bench, including the retirement of the court’s only female justice.
However, female lawmakers, including three Republicans, blocked a near-total ban on abortion by filibustering until the legislative session ran out. Governor Henry McMaster called a rare special session to push for a six-week ban, which received support from male lawmakers who previously blocked a complete ban. In the absence of a new law, abortion remained legal in South Carolina until 22 weeks of pregnancy.
The oral arguments in June centered around whether the six-week ban allows women enough time for a meaningful choice. Critics argued that six weeks is too early for many women to know they are pregnant and make arrangements for an abortion. Lawyers for the state contended that the Legislature had addressed the court’s previous objections and stated that emergency contraception would remain legal as an alternative to abortion.
Despite the court’s decision, Chief Justice Donald W. Beatty, the sole dissenter, expressed concerns about the ban, stating, “The result will essentially force an untold number of affected women to give birth without their consent. I am hard-pressed to think of a greater governmental intrusion by a political body.”
South Carolina’s new abortion law comes amid a nationwide debate over reproductive rights, with several states implementing restrictions and anti-abortion groups aiming for a total abortion ban. The legal battle over abortion rights is expected to continue, both in South Carolina and across the United States.