The 4-1 ruling departs from the court's own decision months earlier striking down a similar ban that the Republican-led legislature passed in 2021.
Writing for the new majority, Justice John Kittredge acknowledged that the 2023 law also infringes on"a woman's right of privacy and bodily autonomy," but said the state Legislature reasonably determined this time around that those interests don't outweigh"the interest of the unborn child to live."
The 2023 law restricts most abortions once cardiac activity can be detected, declaring that this happens about six weeks after a pregnant woman's last menstrual period. Lawmakers defined this as"the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac." Beatty warned that the majority's failure to address such a key question could lead to political retribution. He added that judicial independence and integrity were weakened by the court's decision to backpedal on its prior ruling.
Abortion providers, including Planned Parenthood South Atlantic, sued again. Planned Parenthood South Atlantic's lawyer said during oral arguments this summer that both laws limited abortions at the same point in pregnancy and were equally unconstitutional.
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