What an overturned Roe v. Wade means for South Carolina

South Carolina lawmakers are expecting a fight this summer as they move forward with plans to outlaw abortion in the wake of the Supreme Court's ruling on Dobbs v. Jackson Women's Health Organization that overturned Roe v. Wade.

In May, Politico published a draft opinion written by Associate Justice Samuel Alito and supported by a majority of justices, overturning the landmark 1973 ruling. The ruling was released Friday with Alito writing the opinion for a 6-3 majority.

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For South Carolina, the next step will be the General Assembly returning later this year to take up abortion legislation. Per the sine die resolution, abortion is one of the topics added to the list that legislators can discuss in the off-session.

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State Rep. Josiah Magnuson of Campobello said the Legislature "must stand firm on the pro-life principles most of us campaigned on – to outlaw human abortion and treat it as murder rather than continuing to tinker around the edges of the issue.

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"We must prepare for the political fight of our lives," Magnuson told the Herald-Journal. "If and when this ruling becomes final, there will then be no excuse left for why we can't abolish abortion in South Carolina."

State Sen. Josh Kimbrell of Spartanburg said he supports banning abortion "with very limited exceptions" for items like the life of the mother.

"I hope there is calm regardless of the court's decision on Roe, because the last thing we need in an already divided country is more civil unrest and lawlessness," Kimbrell said. "Riots in response to a decision would undermine the rule of law and civil society, and those who lash out with illegal activity will be prosecuted to the fullest extent of the law."

Rep. Chandra Dillard, D-Greenville, noted that being a part of the committee will be a challenge, but it's possible for positive things to come from the panel.

"There are strong opinions to the left and to the right of the issue. But it's hard to speculate about if we can come to a consensus without knowing what the Supreme Court opinion will be." Dillard said.

She said she felt the same way two years ago when she was asked to be a part of the committee that looked at criminal justice reform and that she looks to be a peacemaker.

"That's where I operate naturally. I'm a convener and a collaborator."

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Democratic state Rep. Rosalyn Henderson-Myers is also among the 12 House members (seven Republicans, five Democrats) appointed by Speaker Smith to the ad hoc committee.

She is a staunch supporter of Roe v. Wade, and last year voted against the fetal heartbeat bill.

"I was selected (to the committee) to give some diversity for my pro-choice stance," Henderson-Myers said. "I am going to use that as a sounding board to speak to the rights of women and that women ought to do what they want with their bodies as they choose.

"I hope this committee will be fair in listening to the citizens of South Carolina and take into account the things being said. South Carolinians are heavily in favor for having legal abortions. They believe abortion should remain legal."

She said the Supreme Court's ruling will force many women to travel to states that allow it.

"I think we're going down a very slippery slope at this point. I don't think a majority of Americans want to have (Roe v. Wade) overturned.  It will hurt people of lesser means who have to go out of state. Where's the support for all these women with babies?"

Legislature to consider abortion bills

In the case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court ruled that states have the authority to legislate abortion.

According to Planned Parenthood, South Carolina is one of eight states most likely to hold special sessions to ban or further restrict abortion this summer. There are numerous abortion-related bills pending in the S.C. House and Senate.

Before adjourning last month, the Legislature passed a "sine die" resolution that says lawmakers can return between July 1 and Nov. 13 to consider bills, including those that seek to outlaw abortion.

"When there is a product for the full Senate to consider, pursuant to the resolution, a time to return the session will be determined," said Senate President Thomas Alexander, R-Walhalla.

On May 26, House Speaker Murrell Smith Jr. appointed an ad hoc committee chaired by Rep. John McGravy, R-Greenwood, that will hold hearings to gather input on both sides of the issue before Smith decides to call the House back in session.

"I am confident that the members of this committee, after hearing significant input from the citizens of South Carolina, will provide thoughtful and prudent recommendations to myself and the House that will ultimately guide legislative action on this crucial issue in the coming months," Smith wrote to House members.

The speaker's spokeswoman, Nicolette Walters, said there have been no ad hoc committee meetings scheduled yet.

A criminal offense

Among the most talked-about bills are S 988 and H 4830, both of which would prohibit physicians from performing abortions unless the pregnant woman's life is in danger. If convicted, violators would be guilty of a felony and imprisoned up to 30 years.

S 988 is sponsored by Republican Sens. Richard Cash of Piedmont, Danny Verdin of Laurens, Rex Rice of Easley, Larry Grooms of Bonneau, and Brian Adams of Goose Creek.

H 4330 is sponsored by Republican Reps. Josiah Magnuson of Campobello, Steven Long of Boiling Springs, Stewart Jones of Laurens, Ryan McCabe of Lexington and Adam Morgan of Taylors.

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Renewed life for fetal heartbeat law

Rep. Long said the fetal heartbeat law signed last year by Gov. Henry McMaster will take effect soon after the Supreme Court's ruling to overturn Roe v. Wade.

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"Our heartbeat law is extremely strong and will immediately cause a significant reduction in the number of unborn lives aborted," he said.

The fetal heartbeat law bans most abortions after six weeks of pregnancy. Planned Parenthood sued, and in February a federal appeals court upheld a lower court ruling that temporarily blocks enforcement of South Carolina's law.

Long said he agrees with those who say more should be done for mothers who decide against abortion.

"We must all step up and come alongside mothers who are struggling," he said. "There are a plethora of services already available which they can take advantage of. I'm a huge supporter of our local pregnancy centers."

Contact Bob Montgomery at bob.montgomery@shj.com. Please support our coverage of Spartanburg County with a digital subscription.

Alexis Hamilton is a Beaufort, SC native covering higher education in the Upstate. Reach her at 727-514-5734 or ahamilton@gannett.com

This article originally appeared on Herald-Journal: What an overturned Roe v. Wade means for abortion in South Carolina