Republicans hope the conservative-minded United States Supreme Court will consider overturning federal abortion protections.
South Carolina became the last US state to ban most abortions on Thursday, creating another legal fight that could end up in the U.S. Supreme Court.
“There are a lot of happy hearts beating across South Carolina now,” proclaimed Republican Governor Henry McMaster during a state assembly ceremony attended by lawmakers who made the project a reality.
McMaster shows the signed abortion ban bill to supporters, who start singing “Praise be to God”. Http://t.co/FyN0OCUv9K pic.twitter.com/sa1wXhXvRb
– Jamie Lovegrove (@jslovegrove) February 18, 2021
The “South Carolina Fetal Heartbeat and Abortion Protection Act” is similar to abortion restriction laws that have been passed in a dozen states, including neighboring Georgia, as well as Kentucky, Louisiana, Mississippi and Ohio.
In 2019, Missouri approved a ban on abortion after eight weeks of pregnancy and Alabama totally banned all abortions. All prohibitions in these states are linked to the courts. Federal law, which takes precedence over state law, currently allows abortion.
After the South Carolina House passed its bill on Thursday morning, Planned Parenthood announced it was filing a lawsuit. The “South Carolina fetal heartbeat and Abortion Protection Act”, like other similar laws currently being challenged, is “blatantly unconstitutional,” said Jenny Black, President and CEO of Planned Parenthood South Atlantic, the Associated Press reported. .
SMASH: @PPFA and @ReproRights are suing to ban the 6-week unconstitutional abortion ban in South Carolina.
At a time when millions of people are struggling to survive the COVID-19 pandemic, this irresponsible and reckless government must not stand. The South Carolinians deserve better. pic.twitter.com/OcwqziHKTO
– Planned paternity action (@PPact) February 18, 2021
Proponents of restrictive abortion laws are trying to take the matter to the United States Supreme Court in the hope that – with three conservative judges appointed by former Republican President Donald Trump – the court will overthrow Roe v Wade, the 1973 decision it supports abortion rights. The Supreme Court had previously ruled that abortion is legal until a fetus is viable outside the womb – months after a heartbeat can be detected, Black said.
State bills to restrict or ban abortion “are completely absurd,” said Black. “There is no other way around this.”
South Carolina Attorney General Alan Wilson released a statement on Thursday, saying his office “will vigorously defend this law in court because there is nothing more important than protecting life.”
The Planned Parenthood lawsuit argues that the new South Carolina law “blatantly violates nearly five decades of Supreme Court precedents.” The lawsuit states that a high rate of women, especially African-American women, die during or immediately after childbirth in South Carolina. The ban on abortion would affect most low-income women, who could not travel to a nearby state abortion is still allowed, the suit said.
The South Carolina bill requires doctors to perform an 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 move 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 a $ 10,000 fine if found guilty.