South Carolina passes law banning most abortions, throwing another challenge Roe V. Wade

Top line

South Carolina on Thursday became the last Republican-controlled state to pass heavy restrictions on abortion that could lead to a challenge to Roe v. Wade, with Planned Parenthood promising to file a lawsuit to prevent the law from taking effect.

Key Facts

Governor Henry McMaster (R) signed the Fetal Heartbeat Protection Act against abortion on Thursday afternoon, a day after state lawmakers passed the bill by a wide margin.

It prohibits abortion if the doctor can detect a fetal heartbeat, which usually occurs after about six weeks of pregnancy, although the state offers narrow exceptions in cases of rape, incest, or serious risk to the health of the mother or fetus.

Abortion rights advocates say the law would effectively block most abortions across the state: more than half of all abortions in South Carolina in recent years have occurred after six weeks, and people often don’t realize they are pregnant before that.

Tangent

Several other states have passed similar “heartbeat” laws in recent years, including Ohio, Georgia and Louisiana. These laws were quickly frozen by federal judges because they conflict with the historic Supreme Court decision of 1973, Roe v. Wade.

Chief Critic

Hours before McMaster signed the bill on Thursday, Planned Parenthood South Atlantic argued that the law was unconstitutional and promised to file a federal lawsuit to freeze it.

What to watch

South Carolina’s attorney general promised to “vigorously defend” the new state law in the courts, setting the stage for a tense legal battle. Some observers say that abortion restrictions from South Carolina and other states could reach the Supreme Court, where a new conservative 6-3 majority could reconsider the Roe v precedent. Wade.

Key Background

For nearly 50 years, Roe v. Wade allowed abortions to the point of the fetus’ viability, preventing state and federal lawmakers from enacting comprehensive prohibitions on the practice. The decision is politically polarized, and some conservatives hope that the Supreme Court will reverse or contain it. As a result, several states have passed laws that test the Roe v limits. Wade by narrowing eligibility for abortions, restricting the ability of healthcare providers to offer the procedure or hamper the search for an abortion.

Further Reading

SC McMaster governor makes abortion ban ‘pulsating’ into law as legal challenge approaches (state)

How a Trump-shaped Supreme Court could restrict access to abortion (New York Times)

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