The South Carolina Supreme Court on Thursday struck down a ban on abortion after cardiac activity is detected — typically around six weeks — ruling the restriction enacted by the Deep South state violates a state constitutional right to privacy.
The 3-2 decision comes nearly two years after Republican Gov. Henry McMaster signed the restriction into law. The ban, which included exceptions for pregnancies by rape or incest or pregnancies that endanger the patient’s life, drew lawsuits almost immediately.
Justice Kaye Hearn wrote for the majority that the state “unquestionably” has the authority to limit the right of privacy that protects a woman from state interference with her decision. But she added any limitation must afford a woman sufficient time to determine she is pregnant and “take reasonable steps to terminate that pregnancy.”
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