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July 28, 2023

South Carolina Supreme Court to Rule on New Abortion Ban

On June 27, 2023, the South Carolina Supreme Court heard oral arguments regarding 2023 S.C. Acts No. 70, an act that attempted to impose restrictions on abortion after a fetal heartbeat can be detected.  The South Carolina Supreme Court previously ruled 3-2 that the 2021 “Fetal Heartbeat and Protection from Abortion Act,” S.C. Code Ann. §§ 44-41-610 to -740 (Supp. 2022),  violated constitutional rights to privacy.  The 2023 Act was enjoined by a circuit court the day after it became law, May 26, 2023, and the State of South Carolina filed an emergency petition asking with the South Carolina Supreme Court to supersede the circuit court’s injunction.  T.  A decision in this case could be forthcoming any day now and will determine whether the 2023 Act remains enjoined or goes into effect.    

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