The South Carolina Supreme Court strikes down a ban on abortion after six weeks, ruling the restriction violates a state constitutional right to privacy.
But since the high court’s momentous decision in Dobbs v. Jackson Women’s Health Organization, no state court until Thursday in South Carolina had ruled definitively whether a constitutional right to privacy — a right not explicitly enumerated in the U.S. Constitution — extends to abortion.
Justice Kaye Hearn, writing for the majority, said the state “unquestionably” has the authority to limit the right of privacy that protects from state interference with the decision to get an abortion. But she added any limitation must afford sufficient time to determine one is pregnant and take “reasonable steps” if she chooses to terminate that pregnancy.
Federal courts had previously suspended the law. But the U.S. Supreme Court’s June decision allowed the restrictions to take hold — briefly. Then the state Supreme CourtIn South Carolina, lawyers representing the state Legislature have argued the right to privacy should be interpreted narrowly. During, they argued historical context suggests lawmakers intended to protect against searches and seizures when they ratified the right in 1971.
The justices’ limited ruling left the door open for future changes. The state House and Senate failed to agree last summer on additional restrictions during a special session on abortion. Still, a small but growing group of conservative lawmakers have vowed to push that envelope once more this legislative session — despite some Republican leaders’ previous insistence no agreement is possible.
“With this opinion, the Court has clearly exceeded its authority,” McMaster’s statement said. “The people have spoken through their elected representatives multiple times on this issue. I look forward to working with the General Assembly to correct this error.” “Our legislature has made a policy determination regulating abortions in South Carolina. The legislative policy determination, as contained in the Act, gives priority to protecting the life of the unborn,” Kittredge wrote.
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