South Carolina can continue to enforce abortion ban at six weeks, state Supreme Court rules

COLUMBIA, S.C. (WCBD) – South Carolina can continue to enforce a ban on abortion after about six weeks of pregnancy, the state Supreme Court ruled Wednesday.

The court sided with the state in a lawsuit brought by Planned Parenthood challenging the 2023 “fetal heartbeat” law, particularly at what point during pregnancy a heartbeat becomes detectable.

The law states that abortions may not be performed “after a fetal heartbeat has been detected,” making exceptions for cases of rape, incest, and fatal fetal anomalies.

The Supreme Court heard arguments in February over whether that should be enforced at six weeks or nine weeks.

In its May 14 ruling, the court found that the law prohibits abortion “when electrical impulses are first detectable as a ‘sound’ with diagnostic medical technology” and a medical professional observes the impulses as a “steady and repetitive rhythmic contraction of the fetal heart.”

While the court said it frames the term “fetal heartbeat” as a “biologically identifiable moment in time” rather than the “number of weeks” a woman has been pregnant, it contended that point usually comes around six weeks.

Governor Henry McMaster (R) praised the ruling shortly after it was handed down, claiming it as a “decisive victory.”

“Time and time again, we have defended the right to life in South Carolina, and time and time again, we have prevailed,” McMaster said in a statement. “Today’s ruling is another clear and decisive victory that will ensure the lives of countless unborn children remain protected and that South Carolina continues to lead the charge in defending the sanctity of life.”

This story is breaking and may be updated.