MYRTLE BEACH, S.C. (WBTW) — The South Carolina Supreme Court on Wednesday temporarily blocked the state’s six-week abortion ban from being enforced.
The state supreme court stated in the order stating that the South Carolina General Assembly codified the Roe decision into South Carolina law in 1974. The order notes it’s “codified as amended in scattered sections of S.C. Code Ann. §§ 44-41-10 to -80.”
“In granting the injunction temporarily enjoining enforcement of the Act, we do not judicially engraft the Roe decision into our state constitution,” the order states.
The order states that because the General Assembly “elected to retain its codification of the Roe framework,” the abortion ban “arguably creates a conflict in the law.”
The order claims the court is “unable to determine with finality the constitutionality of the Act under our state’s constitutional prohibition against unreasonable invasions of privacy.”
The decision to temporarily block the ban comes after Planned Parenthood South Atlantic filed a lawsuit challenging the constitutionality of the law.
“To the extent we address the merits, we acknowledge an arguably close question in presented, which further supports the need to maintain the status quo by granting a temporary injunction,” the order reads.
The court ordered that while the ban temporarily can’t be enforced, “we nevertheless recognize the plenary authority of the legislature to legislate and make public policy decisions, subject only to constraints imposed by the United States Constitution and the South Carolina Constitution.”
Planned Parenthood South Atlantic applauded the court’s decision “to protect the people of South Carolina from this cruel law that interferes with a person’s private medical decision.”
Democratic gubernatorial candidate Joe Cunningham said the decision “is great news for the people of South Carolina.”
“This blatant government invasion of privacy should have never become law and I am relieved to see the Court put it on hold,” Cunningham tweeted. “This draconian law is not based in science and strips women of their fundamental freedoms. This law is bad for South Carolina families, doctors, and businesses. Our fight is far from over but today’s ruling is another sign that the people of SC want more freedoms — not less.”
“We always knew that we would need to fight to defend the Fetal Heartbeat Act,” said Brian Symmes, a spokesperson for Gov. Henry McMaster. “We successfully did so in the federal court system and we’re confident that we will prevail in state court.”