Saturday, February 20, 2021

South Carolina Fetal Heartbeat Abortion Act Enjoined

As previously reported, earlier this week (Feb. 18), South Carolina Governor Henry McMaster signed into law the Fetal Heartbeat Protection from Abortion Act, prohibiting an abortion if a fetal heartbeat is detected. One day later, in Planned Parenthood South Atlantic v. Wilson, (D SC, Feb. 19, 2021), a South Carolina federal district court issued a temporary restraining order barring enforcement of the Act, saying in part:

Because the Act bans abortion months before any fetus could be viable, ... Plaintiffs are likely to succeed on their claim that the Act is unconstitutional. Indeed, courts have “universally” invalidated laws that ban abortions beginning at a gestational age prior to viability.

CNN reports on the decision. [Thanks to Tom Rutledge for the lead.]