Since last year’s overturn of Roe v. Wade, the issue of abortion has become increasingly heated and intensified in this country. Many states have opted to enact restrictions on abortion, while others opt to expand access to abortion.
In the midterm elections, Democrats also played up the abortion issue to energize their base and get more voters to the polls. It’s since been speculated that this hurt Republicans, who did not do as well as expected in last year’s races.
As various states choose to make their own decisions about abortion, they’re facing pushback from different groups. In some instances, there are lawsuits being filed.
In the case of South Carolina, the state Supreme Court recently overturned a fetal heartbeat law put into effect, per Fox News.
A Closer Look at the Fetal Heartbeat Law’s Demise
Yesterday, the South Carolina Supreme Court ruled 3 to 2 that the fetal heartbeat law was at odds with the state’s Constitution. Specifically cited by the South Carolina Supreme Court was the “right to privacy.”
The court consequently determined the fetal heartbeat law to be an “unreasonable restriction,” despite acknowledging that the right to privacy has to be balanced with South Carolina’s interest in shielding unborn life.
The Supreme Court of South Carolina holds, 3-2, that South Carolina's fetal heartbeat law, which restricts elective abortion after about six weeks gestation, violates the state constitutional right to privacy. https://t.co/m2g73pIh0u pic.twitter.com/y25x9MmJTt
— Gabriel Malor (@gabrielmalor) January 5, 2023
The South Carolina fetal heartbeat law went into effect following the June 2022 overturn of Roe v. Wade. Subsequently, the overturn of this law happened after abortion advocates challenged it before the courts.
Planned Parenthood, along with other activists in favor of abortion access, heralded the court’s decision as a win. However, Alan Wilson, the attorney general of South Carolina, expressed that he and Gov. McMaster disagree with the court’s ruling and are pursuing additional paths ahead.
State’s Rights
The overturn of Roe v. Wade put states back in charge of making their own decisions on abortion. Some have opted to work through their legislatures, whereas others have sent the issue to voters via ballot initiatives.
As this year plays out, Americans can expect the ongoing abortion debate to continue. The pro-life and pro-choice sides will also continue to clash, both in and out of the courts.
With the 2024 presidential election season coming up, abortion will undoubtedly be a topic that emerges.
This is huge news. The state Supreme Court has restored the right to abortion in South Carolina, and SCOTUS cannot reverse the decision because it's based on state law.
Read the ruling here: https://t.co/wQDvpsooQD https://t.co/H6DIkWZDRA
— Mark Joseph Stern (@mjs_DC) January 5, 2023
The recent ruling by the South Carolina Supreme Court has already engendered many conversations on social media, with people who both support and oppose the outcome making their views very well known.
In the meantime, the court’s decision now means that South Carolina’s initial ban on abortion after 20 weeks is back in effect.
Do you agree or disagree with the South Carolina Supreme Court overturning the state’s fetal heartbeat law on the basis that it violates women’s right to privacy? Please feel free to leave your perspectives in the comments area below.
