A ban on almost all abortions around six weeks after conception can continue to be enforced in South Carolina, as a state judge has ruled. The ongoing appeal is centered around the definition of a heartbeat under the law.
Planned Parenthood requested that the law be invalidated while the courts examine its language, which includes alternative definitions of when cardiac activity begins. This could potentially result in an extension of the time frame during which abortions can be performed under the 2023 law.
Related posts
According to the law, abortions are not allowed after an ultrasound can detect the “cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.”
The current interpretation of the definition is that it refers to approximately six weeks after a person’s last period. However, there is a possibility that the “or” in the sentence implies the presence of a formed heart, which medical experts argue does not occur until around nine weeks.
In a ruling released late Thursday, Circuit Judge Daniel Coble emphasized the importance of interpreting laws based on the intent of lawmakers. According to the state’s well-established legal precedent, when disagreements arise, judges are required to prioritize the lawmakers’ intentions.
Legislators, previous court rulings, and even Planned Parenthood, when arguing against the initial version of the ban, all referred to six weeks as the standard, as Coble pointed out. The state Supreme Court initially overturned the ban, but a new justice and revisions to the law ultimately led to a reversal of the decision, upholding the second version in August last year.
According to Coble, there is no legislative history that supports a time frame other than six weeks for the ban. He cited numerous occasions when lawmakers, including Democrats, referred to it as a six-week ban during debates.
The current situation in South Carolina maintains a ban on abortions after six weeks, unless certain conditions are met. These conditions include cases of rape or incest, instances where the fetus is unlikely to survive outside the womb, or when the mother’s health is at significant risk.
According to court documents filed by Planned Parenthood, approximately 75% of women seeking abortions were denied the procedure in the initial five months after the implementation of the new law. These women were turned away due to the advanced stage of their pregnancies. Furthermore, out of the three-quarters of women who were denied, around 86% could have undergone the abortion if the law permitted the procedure up to nine weeks of pregnancy.
“After Thursday’s ruling, Republican Gov. Henry McMaster’s spokesman, Brandon Charochak, expressed the governor’s commitment to protecting life in South Carolina. He stated that despite the ruling, the governor will continue to fight for the preservation of life.”
In the opinion of the Court, it is important to note that the argument put forth by the Plaintiffs regarding the definition of ‘fetal heartbeat’ being a clear indication of the nine-week time frame is not entirely accurate. The Court emphasizes that the definition in question is, in fact, ambiguous. If the definition were as clear as the Plaintiffs suggest, this case would be much simpler. Coble, the author of the opinion, highlights this point to illustrate the complexity of the matter at hand.
Since the U.S. Supreme Court overturned the landmark case of Roe v. Wade in 2022, effectively ending the nationwide right to abortion, Republican-controlled states have taken steps to enforce new bans or impose restrictions. On the other hand, Democrat-dominated states have been actively working towards protecting and preserving access to abortion.
At present, there are 14 states that have implemented strict bans on abortion, prohibiting it at all stages of pregnancy except for a few limited exceptions. Additionally, South Carolina and two other states have enacted bans that take effect at approximately six weeks into pregnancy.
South Carolina’s law stands out from other six-week bans due to its unique punctuation, which has prompted a lawsuit from Taylor Shelton and Planned Parenthood.
Shelton was shocked when she discovered that she was pregnant just two days after missing her period, despite diligently tracking it. She had sought medical attention for the pain caused by her intrauterine device, but never expected this outcome.
Doctors in South Carolina faced uncertainty when it came to defining a heartbeat, making it difficult for them to determine whether a patient was within the six-week timeframe for an abortion. This led to a situation where a patient had to travel to North Carolina, enduring hours of driving and multiple appointments, in order to undergo the procedure. Additionally, doctors in South Carolina were concerned about the potential for criminal charges if the state deemed their actions to be illegal abortions.
“I am standing before you today with anger in my heart – anger towards a system that wants to control our bodies and dictate our choices,” expressed Shelton passionately after the case was debated on May 4th. “But alongside that anger, I also have a strong determination, fueled by the unwavering belief that no one should have to go through what I experienced. We deserve better. We deserve laws that are clear and unequivocal.”
