COLOMBIA – A federal judge temporarily blocked South Carolina’s ban on abortion from taking effect on March 19, ruling that the so-called “fetal heartbeat” law is likely to be considered unconstitutional after lengthy court hearings.
U.S. District Court Judge Mary Geiger Lewis granted an injunction that will provide a longer-lasting suspension of the ban than when she issued a brief temporary restraining order against her in February, the day after Republican Governor Henry McMaster sanctioned it .
In a 22-page decision, Lewis dismissed all claims by lawyers representing the state, writing that “it is nothing short of bewildering when the Defendants make the fanciful, extravagant and misguided argument that the Law is constitutional, though certainly all knowing very well that it is not. “
“This case doesn’t come close,” wrote Lewis. “In fact, based on the law, the Court is unable to understand how another court could decide this issue differently than the way this Court has ruled.”
South Carolina law, similar to bills passed in about a dozen other conservative states, would prohibit abortion after a fetal or embryonic “heartbeat” is detected, which typically occurs in about 6 to 8 weeks. of pregnancy. A fetus is generally not considered viable outside the womb until about 24 weeks of pregnancy.
Lewis noted that the courts “universally invalidated laws that prohibit abortion from a gestational age prior to viability”.
“Consequently, as the Court finds that the Act prohibits abortion months before any fetus is viable, Claimants are likely to succeed in their claim that the Act is unconstitutional,” wrote Lewis.
In an extra blow to McMaster and South Carolina Attorney General Alan Wilson, Lewis also dismissed the state’s arguments that other parts of the law, such as requirements for doctors to show ultrasound to women seeking abortions, should be maintained even whether the section of the law that prohibits abortion has been overturned.
As a result, the entire law will be prevented from taking effect as court hearings continue.
The expected change initiates what is likely to become a legal process for years. Supporters of the abortion ban say their ultimate goal is to get the United States Supreme Court to take the case and substantially reverse or alter its precedent that women have a constitutional right to access abortion before a fetus is viable outside of the uterus.
Planned Parenthood immediately filed the lawsuit hours before McMaster signed the bill. Wilson said he believed the law was constitutional and “deserves a vigorous defense in the United States Supreme Court, if necessary.”
Lewis rebuked the idea that new conservative Supreme Court judges are “secretly plotting” to overthrow Roe v. Wade, the historic 1973 decision that determined that women have a constitutional right to access abortion, saying that she “has a much higher opinion of the High Court than that.”
After all, Lewis noted, many judges who were personally opposed to abortion have defended that right in other decisions.
“The individual opinions of these judges and judges on the subject were and are irrelevant to their decisions,” wrote Lewis. “And this is how it should be.”
And Lewis further dismissed any claims that the policy of the president who appointed her, former President Barack Obama, had something to do with his decision, saying that “judges are not politicians in tunics” and suggestions to the contrary are “badly informed at best, and highly offensive at worst. “
“When the history of the South Carolina District Court is written, it will show that we were neither liberals nor conservatives, Democrats nor Republicans,” wrote Lewis. “Instead, it will establish that we have done our best to follow the law. This is certainly what the Court has done here.”
Wilson and the other defendants can now decide whether to appeal Lewis’ initial decision to the Upper Fourth Circuit or to make more extensive arguments in his court. In a brief statement after the decision, Wilson did not indicate what his next steps will be.
“It is the constitutional duty of this office to defend in court any law enacted by our General Assembly,” said Wilson.
McMaster spokesman Brian Symmes referred to comments the governor made a week before the decision at a news conference, where he said the abortion process is “a fight worth fighting for”.
“The right to life is very important,” said McMaster. “This state is overwhelmingly in favor of this bill, and we will do whatever it takes, no matter how long it takes, to ensure that the right to life is protected in South Carolina.”
Planned Parenthood officials applauded the decision, but the organization’s president and CEO, Alexis McGill Johnson, also said that “he knows that there is a long way to go, as the fight to preserve access to abortion intensifies every day.”
“Make no mistake: politicians across the country have made it clear that they will not stop until access to abortion is completely out of reach,” said Johnson. “Since Amy Coney Barrett was confirmed to the Supreme Court, we have seen a violent attack, with more than 280 abortion bills filed. Planned Parenthood and our partners will not back down ”.
The Supreme Court has yet to accept a pending case under a Mississippi law that would ban abortion after 15 weeks of pregnancy.
This story is developing. Check back for updates.
Follow Jamie Lovegrove on Twitter @jslovegrove.