The South Carolina Supreme Court on Wednesday upheld the state’s “fetal heartbeat” law, allowing a ban on most abortions starting at approximately six weeks of pregnancy to remain in place. The ruling solidifies the state’s 2023 Fetal Heartbeat Protection from Abortion Act.
The law prohibits abortions once “cardiac activity” is detected—language the court found vague and lacking clear medical definition. However, Associate Justice John Few wrote that legislative intent made it clear lawmakers intended a six-week cutoff, citing over 60 instances from the legislative session where the act was described as such.
Planned Parenthood challenged the law, arguing that true fetal heart development begins around nine to ten weeks. Still, the court ruled in favor of the state’s interpretation.
Gov. Henry McMaster (R) praised the ruling as a “decisive victory” for unborn children, while Planned Parenthood South Atlantic condemned it as a blow to health care access, vowing continued resistance.
Similar abortion restrictions have been enacted in other Republican-led states since the overturning of Roe v. Wade in 2022.
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