South Carolina's abortion rights community suffers setback
Backroom dealings led to reshaped state supreme court that upheld abortion ban
South Carolina’s abortion rights community suffered a devastating setback on Wednesday after a reshaped state supreme court upheld a six-week abortion ban.
A different makeup of that same institution had nullified a previous attempt by the state legislature to pass a similar bill. Justice Kaye Hearn, who voted to strike down the ban, retired because of her age. The state supreme court, with Hearn, had voted 3-2 to strike down the previous six-week ban.
Former appeals judge Gary Hill replaced her. In South Carolina, justices are picked by the State legislature after a commission recommends the nominees.
Ann Warner, who works at the pro-choice group Women’s Rights & Empowerment Network, explained how the court’s makeup changed.
“There were a lot of shenanigans leading to the appointment of her successor on the court,” Warner said. “Originally, there were two women going for that seat and one man. And with all kinds of backroom dealings and interference, the two women dropped out.”
Once Hearn resigned, the state legislature passed another bill that banned abortion after six weeks with a different preamble and a few minor tweaks. South Carolina Gov. Henry McMaster signed that law in May.
Planned Parenthood filed a lawsuit challenging it immediately. A temporary injunction came into effect after a judge agreed with them. The state supreme court heard oral arguments at the end of June. And they decided in favor of antiabortion activists and lobbyists afterward.
“It's effectively an outright abortion ban,” Warner said. “Technically, there's language in there that (it’s legal) up until cardiac activity can be detected. First of all, that happens before most people even know that they're pregnant.”
Warner said it was a dire situation. People have shown up at clinics and been turned away. She said it would have ripple effects and enormous consequences for people's health, economic well-being, safety, and human rights for a long time.
Despite the gloom felt within abortion rights circles there, she implored national leaders in influential cities like New York and Los Angeles not to write off the South politically.
“This is where some of the biggest threats are happening,” Warner said. “But it's also where the most transformative change is possible. And it's where we need to be focusing as a country on winning again.”