South Carolina Supreme Court Upholds Abortion Law, Reversing Earlier Decision
The South Carolina Supreme Court has upheld the state’s new near-total ban on abortion, reversing a decision made earlier this year. The ruling, made by a newly all-male bench, allows the state’s new six-week abortion ban to take effect.
The decision comes as no surprise, as the makeup of the bench had changed since the previous ruling, and Republicans in the State Legislature had passed a new abortion law in the hopes of finding a more favorable audience with the new court. The previous decision, which struck down a similar ban, was written by the court’s only female justice, who has since retired.
The court’s decision acknowledged the right to privacy in the State Constitution but stated that the Legislature had addressed the concerns raised in the previous law and had “balanced” the interests of pregnant women with those of the fetus. Justice John Kittredge, writing for the majority, acknowledged that the new law infringes on a woman’s right to privacy and bodily autonomy but emphasized that the legislature had made a policy determination that the interest of the unborn child to live outweighs a woman’s interest in autonomy and privacy after a certain point in the pregnancy.
The new law bans abortion after fetal cardiac activity can be detected, which is generally around six weeks of pregnancy
How does the court justify the infringement on a woman’s right to privacy and bodily autonomy in light of the right to privacy outlined in the State Constitution
The South Carolina Supreme Court has upheld a new abortion law that bans the procedure after fetal cardiac activity can be detected, which is typically around six weeks of pregnancy. This decision comes after the Court’s previous ruling, which struck down a similar ban earlier this year. The new ruling, made by a newly all-male bench, allows the state’s near-total ban on abortion to take effect.
The composition of the bench played a significant role in this decision, as it had changed since the previous ruling. Additionally, Republicans in the State Legislature had passed a new abortion law with the hope of finding a more favorable audience in the newly appointed court. The previous decision, which struck down the ban, was written by the court’s only female justice, who has since retired.
In their ruling, the court acknowledged the right to privacy outlined in the State Constitution but claimed that the Legislature had addressed the concerns raised by the previous law and had carefully balanced the interests of pregnant women with those of the fetus. Justice John Kittredge, writing for the majority, recognized that the new law infringed on a woman’s right to privacy and bodily autonomy. However, he emphasized that the legislature had made a policy determination that the interest of the unborn child to live outweighs a woman’s interest in autonomy and privacy after a certain point in the pregnancy.
This decision has been met with both support and criticism, reflecting the ongoing debate over reproductive rights in South Carolina and across the country.
This is a major setback for women’s reproductive rights in South Carolina. The state should be focusing on providing access to comprehensive healthcare, not restricting a woman’s right to choose. #ReproductiveJustice
I am disappointed that the South Carolina Supreme Court is disregarding the importance of allowing women to make their own reproductive choices. This ban only serves to further limit access to safe and legal abortions, endangering the lives and well-being of women in the state. #StandWithWomen