South Carolina woman seeks clarity on abortion ban in lawsuit backed by Planned Parenthood
Source: Associated Press
South Carolina woman seeks clarity on abortion ban in lawsuit backed by Planned Parenthood
BY JAMES POLLARD
Updated 1:57 PM EST, February 5, 2024
COLUMBIA, S.C. (AP) — A South Carolina woman who traveled elsewhere for an abortion just days after reaching six weeks of pregnancy wants a court to affirm that the state’s ban on the procedure — when a “fetal heartbeat” can be detected — should not take effect until later in a pregnancy.
In a lawsuit filed in state circuit court Monday, Taylor Shelton and Planned Parenthood South Atlantic’s chief medical officer Dr. Katherine Farris argued that the Republican-led state Legislature provided two different definitions of “fetal heartbeat” in its law restricting abortions. They said the correct interpretation is that the ban begins around nine weeks, and not six weeks as currently practiced.
The complaint marks yet another attempt by abortion providers to relax the state’s so-called fetal heartbeat law. The South Carolina Supreme Court reversed course last summer when it upheld the ban after striking down a similar version. Last fall, the justices declined to take up Planned Parenthood’s request to broaden the narrow window in which a pregnancy can be legally terminated, leaving the group to start over at the lower courts.
Most GOP-led states now have laws in effect restricting access to abortion, including 14 with bans at all stages of pregnancy. Georgia also has a ban in effect once cardiac activity can be detected. Nearly every ban has been challenged in court, and judges are currently blocking enforcement of the bans in four states.
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Read more: https://apnews.com/article/abortion-bans-south-carolina-planned-parenthood-republicans-78f0e461e2bee4f64b60f41bea94371d
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1. I wish her well, but I am not optimistic about this lawsuit's chances. I can just picture SC state legislators getting ready to amend this law as we speak, to remove any language that could be construed to conflict with the earlier cutoff they obviously intended. Still, more power to Shelton and Farris for their efforts. I really hope I'm wrong about their chances of success.
2. No matter which side wins or loses, I presume the decision will be appealed all the way up to the Supreme Court. I find that rather ironic, since they said in the Dobbs decision that these matters should be left up to the states. If SCOTUS agrees to hear this (or any other cases related to post-Dobbs abortion bans), they might as well out up a sign outside their building saying, "Yeah, we lied when we said the states should decide."
3. Speaking of irony, this bit from the article jumped out at me:
As my daughter used to say, "No duh." I mean, let's be real: that's the whole point of this law and others like it. Set the cutoff for getting an abortion early enough in pregnancy, and the whole thing takes care of itself!
