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 here present the fanciful, extravagant and misguided argument that the Law is constitutional, although certainly, all the time 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.
Lewis also rejected state lawyers’ arguments that other parts of the law, such as requirements for doctors to show ultrasound to women seeking abortions, should be maintained even if the section of the law prohibiting abortion is overturned.
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. South Carolina Republican Attorney General Alan Wilson said he believed the law was constitutional and “deserves a vigorous defense in the United States Supreme Court, if necessary.”
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.
This story is developing. Check back for updates.
Follow Jamie Lovegrove on Twitter @jslovegrove.