Judge blocks South Carolina abortion ban after 6 weeks

South Carolina abortion ban blocked overview: 

• Who: A South Carolina state judge granted an urgent motion for a temporary injunction that was requested by Planned Parenthood South Atlantic, the Greenville Women’s Clinic and a pair of individual physicians. 
• Why: The medical providers sought to stop the enforcement of a newly passed state law that criminalizes abortion from as early as six weeks into a pregnancy. 
• Where: The case is before the Richland County Court of Common Pleas for the Fifth Judicial Circuit of South Carolina.

A South Carolina state judge granted an urgent motion for a temporary injunction to block the enforcement of a recently passed state law that criminalizes abortion from as early as six weeks into a new pregnancy. 

The judge issued the temporary injunction — effective immediately — in response to a lawsuit filed against the state by a division of Planned Parenthood and medical providers arguing the law “violates the constitutional rights of South Carolinians.”

State lawmakers passed the law, called the “Fetal Heartbeat and Protection from Abortion Act,” last month, effectively banning abortion upon the first detection of fetal cardiac activity, with some exceptions. 

Medical providers, including Planned Parenthood South Atlantic, the Greenville Women’s Clinic and a pair of individual physicians, argue that the law allows the state to invade an individuals’ constitutional right to privacy, according to the motion.

South Carolina AG argued against emergency request for a temporary injunction 

The physicians, along with Planned Parenthood and Greenville Women’s Clinic — the only operators of abortions in South Carolina — challenged the constitutionality of the act, formally known as Senate Bill 474, in a 63-page complaint last month, Law360 reports. 

South Carolina Attorney General Alan Wilson reportedly argued against the medical providers’ emergency request for a temporary restraining order, claiming the complaint did not “establish the required elements for a temporary injunction.” 

In approving the motion, however, the judge determined that the act, if permitted to remain in effect, would “leave some South Carolinians without any access to legal abortion,” and “the status quo should be preserved while the South Carolina Supreme Court resolves this case in as expeditious manner as possible.”

Also last month, North Carolina Republicans voted to override Democratic Gov. Roy Cooper’s veto of the state’s new abortion bill, which bans the majority of abortions after 12 weeks. 

Do you agree with the judge’s decision to temporarily block the enforcement of the South Carolina abortion ban? Let us know in the comments! 

The South Carolina abortion ban lawsuit is Planned Parenthood South Atlantic, et al. v. State of South Carolina, et al., Case No. 2023CP4002745, in the Richland County Court of Common Pleas for the Fifth Judicial Circuit of South Carolina.

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