South Carolina’s law banning abortion after detection of a “fetal heartbeat” is legal, and there is no constitutional right to an abortion, the state Supreme Court ruled Wednesday.
The legislation, which was signed into earlier this spring by Gov. Henry McMaster (R), bans abortions after an ultrasound detects cardiac activity, which is usually at about six weeks.
However, the Court did not address whether there was a specific period involved or attempt to define “fetal heartbeat.”
The court ruled 4-1, with Chief Justice Donald Beatty as the lone dissenter.
The court struck down a nearly identical version of the law in January, ruling it violated South Carolina’s constitutional right to privacy.
But that 3-2 opinion was written by Justice Kaye Hearn, the court’s only woman. Hearn was replaced after reaching mandatory retirement age, and the justices are now all men.
The lawsuit was filed by Planned Parenthood South Atlantic, a South Carolina clinic and two physicians almost immediately after the ban became law. They argued the ban was essentially the same as what the court ruled against in January, and there was nothing that happened in the interim that allowed the state to try again.
The Court acknowledged the earlier decision striking down the 2021 law, but noted that decision “does not dictate the constitutionality of the amended version of the Fetal Heartbeat and Protection from Abortion Act.”
In a statement, McMaster celebrated the ruling.
“The Supreme Court’s ruling marks a historic moment in our state’s history and is the culmination of years of hard work and determination by so many in our state to ensure that the sanctity of life is protected,” McMaster said.
“With this victory, we protect the lives of countless unborn children and reaffirm South Carolina’s place as one of the most pro-life states in America.”
