A judge has put a temporary halt to South Carolina’s new law banning most abortions around six weeks of pregnancy until the state Supreme Court can review the measure.
Thank you for supporting our journalism. This article is available exclusively for our subscribers, who help fund our work at the Chicago Tribune.Circuit Judge Clifton Newman hears arguments on whether he should halt enforcement of South Carolina's new law banning abortion when cardiac activity is detected during a hearing, May 26, 2023, in Columbia, South Carolina.
The law passed Tuesday by the General Assembly is similar to a ban on abortion once cardiac activity can be detected that lawmakers passed in 2021.The state Supreme Court decided in a 3-2 ruling that the 2021 law violated the state constitution’s right to privacy. Legislative leaders said the new law makes technical tweaks that should sway at least one justice to change his mind and the author of the January ruling has since retired.
The majority opinion in the state Supreme Court ruling striking down the 2021 law said that although lawmakers have the authority to protect life, the privacy clause in the state constitution ultimately gives women time to determine whether they want to get an abortion and most women don’t know they are pregnant six weeks after conception.
Few suggested he would have found an even stricter full ban on abortion constitutional, saying that if a fetus had all the rights of a person, then a ban would be like child abuse or rape laws that don’t violate privacy rights.
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