S.C. Democrats celebrate, Republicans mourn court decision overturning fetal heartbeat bill

Jan. 5—This summer, South Carolina Republican politicians celebrated and Democratic lawmakers mourned the Supreme Court decision overturning Roe v. Wade and Planned Parenthood v. Casey.

Those roles were reversed Thursday after the South Carolina Supreme Court issued a 3-2 opinion declaring the state law banning abortions after the detection of a fetal heartbeat — there were exceptions for rape, incest, fetal anomalies and life and physical health of the mother — was unconstitutional.

Fetal heartbeats are usually detected during the fifth or sixth week of a pregnancy. The most recent abortion statistics provided by the South Carolina Department of Health and Environmental Control indicate that just under 48% of abortions happen before six weeks and just over 51% happen between seven and 12 weeks.

S.C. Gov. Henry McMaster signed the fetal heartbeat bill into law in 2021. It was immediately challenged in federal court by Planned Parenthood, the Greenville Women's Clinic and two doctors and the courts temporarily blocked the law while the litigation went on.

After the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey, the block on the law was dismissed. And the plaintiffs in the suit challenged the law in state court, leading to a hearing in October and Thursday's opinion.

Chief Justice Donald Beatty and John Few agreed with the result of an opinion written by Kay Hearn — the only woman on the state's highest court — in which she says the fetal heartbeat law places an unreasonable restriction on the right to privacy found in Article I, Section 10 of the State Constitution.

Justices John Kittredge and George James Jr. issued dissenting opinions. Kittredge argued that the right to privacy was broader than the right to be protected from unreasonable governmental searches and seizures but was not so broad to include the right to an abortion. James argued the right to privacy only applies in the context of searches and seizures.

The court's decision returns the state to a 20-week ban enacted prior to the fetal heartbeat law.

S.C. Rep. Bill Clyburn, D-Aiken, said he was prepared to respect the court's decision either way as the rule of law must remain paramount.

S.C. Rep. Bill Taylor, R-Aiken said the court's decision was disheartening.

"As a pro-life legislator, I have always voted to protect the unborn from being aborted, while providing exceptions for rape, incest and the mother's life," Taylor said. "Babies in the womb have a heartbeat, can feel pain at a certain point, and must be protected. I will support a reasonable legislative effort to find a path that protects the unborn while recognizing the rights of parents."

S.C. Rep. Bill Hixon, R-North Augusta, said he learned of the opinion while in a leadership meeting Thursday morning. He said the House leadership was working with lawyers to determine the best way to move forward and stop as many abortions as possible in South Carolina.

S.C. Rep. Bart Blackwell, R-Aiken, said he was disappointed but not surprised by the opinion. He said this is why he supported a Senate bill last year that would have fixed the problems the court identified with the act.

S.C. Rep. Melissa Oremus, R-Graniteville, said she would never stop fighting for the unborn.

"It makes me absolutely sick to know someone would fight for the right to stop the heartbeat of an innocent little human being," she said. "The good ol' boy system that has existed for years to benefit the trial lawyer culture through our judicial process and that has time and again hindered justice instead of advancing it is responsible for that ruling today."

She added the justices put personal interests before the interests of the unborn.

McMaster said the Supreme Court found a right in the state Constitution that was never intended by the people of South Carolina.

"With this opinion, the Court has clearly exceeded its authority," McMaster said. "The people have spoken through their elected representatives multiple times on this issue. I look forward to working with the General Assembly to correct this error."

S.C. Attorney General Alan Wilson said he respectfully, but strongly, disagreed with the court's decision. He added he was working with McMaster's office and the South Carolina General Assembly to determine the best option moving forward.

South Carolina Democratic Party Chairman Trav Robertson Jr. said there was finally a voice of reason and sanity to temper the Republican-controlled South Carolina General Assembly's decision to strip rights away from women and doctors. He added the right to privacy was paramount to the health of all state residents.

South Carolina Republican Party Chairman Drew McKissick said the decision was extremely disappointing and yet another example of judicial activism. He said the decision was a reminder of the need to reform the state's system for electing judges (most judges are elected by the General Assembly.) He said the party looks forward to working with the General Assembly to promote that cause and to protect the rights of the unborn.

S.C. House Speaker Murrell Smith, R-Sumter, said the U.S. Supreme Court handed the regulation of abortion back to the states last summer.

"Unfortunately, the South Carolina Supreme Court followed the path of the U.S. Supreme Court in Roe v. Wade by creating a constitutional right to an abortion where none exists," Smith tweeted. "Today's decision fails to respect the concept of separation of powers and strips the people of this state from having a say in a decision that was meant to reflect their voices."

He added the state is left with a law not reflective of the state's political process or will.