South Carolina legal win a sign for hope nationally

Decision to strike down abortion bans may be at risk with new state SC justice

The South Carolina State Supreme Court delivered a victory to abortion rights supporters in January when it struck down the six-week abortion ban that had been passed two years earlier. 

As of now, abortion is legal in the state for up to 22 weeks. 

Ann Warner, CEO of the South Carolina Women’s Rights and Empowerment Network, said it was an enormous win for both local and national activists. It was the first test for lawyers who argued that a right to privacy in a state’s constitution protected the right to an abortion. 

“That happening here in South Carolina was just a big signal to the rest of the country that this is a viable path,” Warner said. 

For five months after Dobbs, antiabortion legislators there had sought to get a total ban. They failed. Despite losing in the courts and the legislature, the antiabortion movement still persisted in trying to get limitations and restrictions on abortion. 

There are some worrying developments for abortion rights supporters. Justice Kaye Hearn, who voted to strike down the ban, retired because of her age. She has been replaced by a man, which has caused some concern that the judicial body will uphold abortion bans and restrictions. In South Carolina, justices are picked by the State legislature after the nominees are recommended by a commission. 

“There are certainly a lot of assumptions made about the positions of these judges on the issue of abortion, even if they don't have a judicial record on it,” Warner said. “I think there's an assumption that a woman might be more sympathetic to this issue than a man.” 

The biggest player in the antiabortion movement there is State Sen. Richard Cash and State Rep. John McCravey III. On the other side, Brad Hutto, the senate minority leader, is a big supporter of abortion rights. State Rep. Spencer Wetmore champions abortion access as well. 

“That being said, they are very much outnumbered right now, particularly in the house,” Warner said. 

Warner discussed former South Carolina Gov. Nikki Haley, who signed a 20-week abortion ban when she was the executive of the state in 2016. Haley recently declared a run for the presidency. 

“She has been in favor of restricting access to abortion,” Warner said.