The South Carolina Supreme Court Upholds Abortion Ban at Six Weeks
In a unanimous decision, the South Carolina Supreme Court has affirmed the state’s right to enforce a ban on abortions from the moment a fetal heartbeat is detected, roughly six weeks into pregnancy.
This ruling, delivered on Wednesday, comes after Planned Parenthood challenged the law, arguing that the prohibition should not take effect until around nine weeks—when they contend that significant heart development occurs.
The law specifies that abortions are not permitted once an ultrasound detects “cardiac activity,” defined as the rhythmic contractions of the fetal heart within the gestational sac.
The Associated Press reports that the state maintained the position that cardiac activity is identifiable at six weeks, while Planned Parenthood argued that the subsequent phrase in the law suggests a later start date, closer to nine weeks, when major heart structures are more fully formed.
Ultimately, the court ruled that the legislature’s intent was clear: the ban was designed to take effect at six weeks, not nine. Associate Justice John Few noted, “We could find not one instance during the entire 2023 legislative session in which anyone connected in any way to the General Assembly framed the Act as banning abortion after approximately nine weeks.”
Moreover, the court highlighted that Planned Parenthood had referenced the term “six-week ban” over 300 times in prior legal filings. This context is crucial, especially considering that South Carolina’s 2021 ban was overturned in a narrow 3-2 decision before being reinstated after legislative adjustments. It’s worth noting that the sole woman on that deciding panel had to retire due to age, adding another layer of complexity to the legal narrative.
The Supreme Court’s ruling states:
“This Court holds that it is clear beyond a shadow of a doubt that the General Assembly intended, and the public understood, that the time frame of the Act would begin around the six-week mark. The moral and ethical issues that this case presents are immense and this Court does not take that lightly. However, as Justice Kittredge noted in Planned Parenthood II, the courts must respect the separation of powers principles and the limited (non-policy) role it is enshrined with, and this Court must approach this case with one single commitment: to honor the rule of law. The South Carolina Supreme Court and the General Assembly have spoken. This Court must listen.”
In response to the ruling, Republican South Carolina Governor Henry McMaster expressed his enthusiasm, stating, “Today’s ruling is another clear and decisive victory that will ensure the lives of countless unborn children remain protected and that South Carolina continues to lead the charge in defending the sanctity of life.”
