Originally published August 24, 2023 6:00 pm PDT
In a significant reversal, the South Carolina Supreme Court upheld a law banning abortions after approximately six weeks of pregnancy.
The decision came just months after the same court had struck down a similar bill, citing violations of the state’s constitutional privacy guarantee, The Wall Street Journal reports.
The 4-1 majority decision is a notable win for Republicans in the state, following the landmark U.S. Supreme Court decision to overturn Roe v. Wade in June 2022.
Previously, South Carolina was among the few Southern states maintaining expansive abortion access.
Justice John Kittredge, who penned the majority decision, acknowledged the delicate nature of the ruling.
He wrote that while the six-week ban “infringes on a woman’s right of privacy and bodily autonomy,” it is within the domain of the state’s legislature to shape policy.
He elaborated, explaining that lawmakers determined that a woman’s right “does not outweigh the interest of the unborn child to live” after a certain point in pregnancy.
Concluding, he noted, “Through the legal and judicial lens under which we must operate, while mindful of the difficult and emotional issue before us, we cannot say as a matter of law that the 2023 Act is unreasonable and thus violates the state constitution.”
Earlier in January, a previous six-week abortion ban was invalidated by the South Carolina Supreme Court.
Following this, the female justice who authored the opposing opinion retired.
The move paved the way for the state’s legislature to appoint a successor, leading to the unique distinction of South Carolina having the nation’s only all-male state supreme court.
Quick to react, the state legislature pushed forward a new six-week abortion ban, even in the face of objections from some of its female Republican members.
The law was rapidly escalated to the Supreme Court once more.
South Carolina’s Governor, Henry McMaster, described the ruling as a “historic moment” for South Carolina.
Echoing sentiments of many in his party, he heralded the decision as the culmination of years of dedicated efforts.
This back-and-forth in South Carolina highlights the potential for prolonged tumult regarding abortion politics.
It’s essential to note the distinct difference between U.S. and state supreme court justices, the latter being elected often and not serving for life.
This can lead to recurring legal confrontations when court memberships shift.
