COLOMBIA, SC (AP) – A bill that prohibits most abortions in South Carolina is likely going to the governor’s desk on Thursday and he has promised to sanction it as soon as he can. The measure is unlikely to take effect, however, as it faces almost certain challenges in the courts.
Federal law, which takes precedence over state law, currently allows abortion. But groups that oppose abortion restrictions must file a lawsuit to prevent the local measure from taking effect – something that happened in each of the twelve states that passed similar measures before South Carolina.
Proponents of restrictive abortion laws are trying to take the matter to the U.S. Supreme Court in the hope that – with three judges appointed by former Republican President Donald Trump – the court will be able to topple Roe v. Wade, the 1973 decision that supports abortion rights.
Republican Governor Henry McMaster has made banning abortion one of his biggest goals since becoming governor in 2017, repeatedly asking lawmakers to approve it and send it to him. Republicans won three seats in the state Senate in 2020, allowing the ban to finally pass the General Assembly.
The South Carolina House organized what could be a quick signing ceremony by passing the “Fetal Heartbeat and Abortion Protection Act in South Carolina” by 79-35 votes on Wednesday. The Chamber will give him a final procedural vote on Thursday, before sending him to McMaster.
The project requires doctors to perform ultrasound to check the fetus for a heartbeat. If detected, abortion can only be performed if the pregnancy was caused by rape or incest or if the mother is in danger.
The bill would not punish a pregnant woman for having an illegal abortion, but the person who performed the abortion could be charged with a crime, sentenced to up to two years and fined $ 10,000 if found guilty.
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