On Wednesday, the South Carolina Supreme Court ruled that a state law banning abortions after fetal heartbeat detection is constitutional.
The court ruled 4-1 in favor of s.474, the “Fetal Heartbeat and Protection from Abortion Act, which was signed into law by GOP Gov. Henry McMaster after it passed the state legislature.
In the ruling, Justice John W. Kittredge wrote that the state legislature “has found that the State has a compelling interest in protecting the lives of unborn children.”
“That finding is indisputable and one we must respect,” he added.
In a statement, McMaster celebrated the ruling.
“With this victory, we protect the lives of countless unborn children and reaffirm South Carolina’s place as one of the most pro-life states in America,” he wrote.
My statement on the S.C. Supreme Court’s ruling that will protect the lives of countless unborn children: pic.twitter.com/4gM9SEuVlb
— Gov. Henry McMaster (@henrymcmaster) August 23, 2023
Fox Carolina noted that South Carolina’s legislation is one of the strongest in the country to protect unborn life. Predictably, a lawsuit challenging it was brought forward by Planned Parenthood South Atlantic, another abortion clinic called Greenville Women’s Clinic, and by two doctors. The plaintiffs argued that the law violated the U.S. Constitution’s right to privacy and equal protection.
The lone dissenting justice, Chief Justice Donald W. Beatty, compared it to a 2021 state law banning abortion that the court found unconstitutional.
“I agree with the majority that, '[a]s judges, our solemn duty is to uphold the rule of law.' Today, however, the majority has abandoned the precedent established just months earlier by this Court and, despite its insistence otherwise, has turned a blind eye to the obvious fact that the 2021 Act and the 2023 Act are the same,” he wrote.
“The result will essentially force an untold number of affected women to give birth without their consent. I am hard-pressed to think of a greater governmental intrusion by a political body,” he added.
In June, Townhall included South Carolina in its write-up of all the states that made pro-life strides since the U.S. Supreme Court struck down Roe v. Wade.
“The way Gov. McMaster and pro-life legislators persisted to get a heartbeat protection across the finish line this year is a reflection of their compassion, respect for the people’s will, and adherence to the science. Every year, thousands more irreplaceable South Carolinians will be allowed to live and discover that unique purpose in this world which only they can fulfill,” Susan B. Anthony Pro-Life America President Marjorie Dannenfelser previously said.
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