South Carolina's six-week abortion ban struck down by state Supreme Court | CNN Politics
(CNN) - The South Carolina state Supreme Court ruled Thursday that the state’s six-week ban on abortion violates the state’s constitution. The 2021 law had banned abortions once what it called a “fetal heartbeat” is detected, which can be as early as four weeks, and more commonly, six weeks into pregnancy, with exceptions for fetal anomalies, risk to the life of the mother, or in some cases of rape or incest. In a 3-2 ruling, the court concluded that the law ran afoul of the state constitution’s privacy protections, with Justice Kaye Hearn writing in the lead opinion that the “state constitutional right to privacy extends to a woman’s decision to have an abortion.”
While the state can impose some limits on those rights, Hearn wrote, “any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy.”
Not surprisingly, some Republicans are suddenly unhappy with letting the states decide.
South Carolina Republican Gov. Henry McMaster blasted the ruling on Thursday, writing in a statement that the court “has found a right in our Constitution which was never intended by the people of South Carolina. With this opinion, the court has clearly exceeded its authority. The people have spoken through their elected representatives multiple times on this issue. I look forward to working with the General Assembly to correct this error,” the governor said.
Maybe Republicans should just put abortion rights on the ballot in all 50 states and see what the voters decide.
(CNN) - The South Carolina state Supreme Court ruled Thursday that the state’s six-week ban on abortion violates the state’s constitution. The 2021 law had banned abortions once what it called a “fetal heartbeat” is detected, which can be as early as four weeks, and more commonly, six weeks into pregnancy, with exceptions for fetal anomalies, risk to the life of the mother, or in some cases of rape or incest. In a 3-2 ruling, the court concluded that the law ran afoul of the state constitution’s privacy protections, with Justice Kaye Hearn writing in the lead opinion that the “state constitutional right to privacy extends to a woman’s decision to have an abortion.”
While the state can impose some limits on those rights, Hearn wrote, “any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy.”
Not surprisingly, some Republicans are suddenly unhappy with letting the states decide.
South Carolina Republican Gov. Henry McMaster blasted the ruling on Thursday, writing in a statement that the court “has found a right in our Constitution which was never intended by the people of South Carolina. With this opinion, the court has clearly exceeded its authority. The people have spoken through their elected representatives multiple times on this issue. I look forward to working with the General Assembly to correct this error,” the governor said.
Maybe Republicans should just put abortion rights on the ballot in all 50 states and see what the voters decide.
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