South Carolina abortion ban with unclear 'fetal heartbeat' definition creates confusion, doctors say

Democratic South Carolina Rep. Beth Bernstein leads chants at an abortion rights rally in Columbia, S.C., on Wednesday, Aug. 23, 2023. The South Carolina Supreme Court ruled Wednesday to uphold a law banning most abortions except in the earliest weeks of pregnancy. (AP Photo/James Pollard)

When the South Carolina Supreme Court upheld a ban on most abortions this week, the majority wrote that they were leaving “for another day” a decision on when, exactly, the “fetal heartbeat” limit begins during pregnancy. Doctors practicing under the strict law cannot similarly punt on that question.

Physicians say the statute’s unclear guidance is already chilling medical practice at the few abortion clinics that operate in the conservative state. With potential criminal charges hanging in the balance, most abortions are being halted as doctors wrestle with the murky legal definitions.

“These medical definitions they tried to put forward are legislative and put forward by people who don’t practice medicine,” said Dr. Dawn Bingham, chair of the South Carolina section of the American College of Obstetricians and Gynecologists, or AGOC. “This language creates uncertainty among medical providers who may be unsure they’re legally allowed to terminate a pregnancy.”