South Carolina court denies request to block abortion ban

COLUMBIA, S.C. (WIS) -South Carolina’s six-week abortion ban was taken to court. After hearing arguments from both sides, Circuit Court Judge Casey Manning decided to adjourn to consider his decision Tuesday morning. A preliminary injunction was not granted in the case but a request to transfer the case to the South Carolina Supreme Court was granted.

The law will remain in effect as the court decides if it will take up the case. The South Carolina Attorney General’s Office issued a statement on the ruling, “This is a monumental case and we argued to Judge Manning that it should be moved to the South Carolina Supreme Court’s original jurisdiction.”

The lawsuit filed by Planned Parenthood South Atlantic, Greenville Women’s Clinic and two physicians who provided abortions was scheduled to be heard on Tuesday, July 26, 2022 at 10 a.m. in the Richland County Circuit Court.

It claims the ban violates South Carolinian’s state constitutional rights to privacy and equal protection. It also says the ban inadequately protects patient’s health and conditions sexual assault survivors’ access to abortion on disclosing personal information to law enforcement.

The hearing determined if a temporary restraining order will be put in effect against the law.

South Carolina’s Governor Henry McMaster filed a motion to dismiss, it says in part,

“The South Carolina Constitution does not encompass a right to elective abortion, and the Fetal Heartbeat Act is constitutional. Plaintiffs are thus not entitled to declaratory or injunctive relief.”

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