A state judge in South Carolina has ruled that the state can continue to enforce a ban on nearly all abortions around six weeks after conception while an appeal is ongoing regarding the definition of a heartbeat under the law.
Planned Parenthood had requested the law be set aside as courts work through its wording, which includes alternate definitions of when cardiac activity begins, potentially extending the time frame after which abortions are prohibited under the 2023 law.
The law specifies that abortions cannot be performed after an ultrasound can detect 'cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.'
Currently, the interpretation is around six weeks after a person's last period. However, medical experts argue that a heart does not form until around nine weeks, leading to differing opinions on the law's language.
The state Supreme Court acknowledged these discrepancies when it upheld the law last year, leaving the resolution of these issues for future consideration.
The ruling by Circuit Judge Daniel Coble maintains the state's legal precedent, emphasizing the intent of lawmakers when interpreting laws with conflicting definitions.
The law, which was initially overturned but later upheld with modifications, prohibits abortions after six weeks, with exceptions for cases of rape or incest, fetal viability, or maternal health risks.
Planned Parenthood plans to appeal the ruling, arguing that the law's varying definitions of a heartbeat make it too vague to be constitutional.
Since the U.S. Supreme Court's decision to overturn Roe v. Wade in 2022, many states have implemented new abortion restrictions, with Republican-controlled states enacting bans and Democrat-dominated states working to protect abortion access.
South Carolina is among the states enforcing bans around six weeks into pregnancy, with specific language in its law leading to legal challenges and debates over the timing and definitions related to fetal development.
The ongoing legal battle highlights the complexities surrounding abortion laws and the differing perspectives on when life begins and how it should be protected.
