Federal Judge Uphold’s South Carolina’s ‘Fetal Heartbeat’ Law

The law was passed in 2021 before being overturned.

QUICK FACTS:
  • South Carolina’s “heartbeat” abortion law was upheld by a U.S. district judge and confirmed by the state’s attorney general.
  • The law bans abortions starting at six weeks gestation and was passed in early 2021 before being blocked in federal court last year.
  • A federal judge ruled Monday that the law was now constitutional, due to last week’s Supreme Court decision that overturned Roe v. Wade, which had granted federal protection of abortion rights.
  • The law, signed by Republican Gov. Henry McMaster in February of last year, finally went into effect Monday after Republican leaders filed an emergency motion on Friday to allow the state to begin enforcement of the law as soon as possible.
  • Planned Parenthood South Atlantic CEO Jenny Black responded by saying, “Planned Parenthood South Atlantic’s doors are open in Charleston and Columbia. We are providing abortion care in full compliance with Senate Bill 1, and we encourage anyone seeking an abortion to contact our office as soon as possible.”
STATE OFFICIALS’ STATEMENTS:
  • “Once Roe v. Wade was overturned by the Supreme Court, the decision on legally protecting the lives of unborn babies was returned to the states, so there was no longer any basis for blocking South Carolina’s heartbeat law,” Attorney General Alan Wilson said.
  • “We’ve spent nearly a year and a half defending the Fetal Heartbeat Act in court. Finally, it has gone into effect in South Carolina,” Gov. Henry McMaster tweeted. “This is why Friday’s U.S. Supreme Court decision is so important – countless unborn children will be saved because of this law.”
BACKGROUND:
  • Until Monday’s ruling, abortion laws in South Carolina allowed the termination of an unborn child’s life up to 20 weeks gestation.
  • However, even the state’s new “fetal heartbeat law,” as it’s being called, allows exceptions for rape, incest, fatal fetal anomalies, and threat to the mother’s health.
  • Additionally, the previous law included the requirement that the mother view an ultrasound of the unborn child and hear the heartbeat as well as receive information about the child’s development.

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