The South Carolina Supreme Court had already ruled 4-1 in August that the Fetal Heartbeat and Protection Act is constitutional, but Planned Parenthood and the Greenville Women's Clinic followed up with a second strategy. The abortion businesses asked the court to take "original jurisdiction" to define "fetal heartbeat" in South Carolina's law. They also asked that the court block the law's enforcement while the case is being litigated.
"Original jurisdiction" means that the South Carolina Supreme Court would agree to take the case without going through the lower courts first. The denial means that the abortion businesses will first need to file a case in the circuit court.
They argued that the fetal heart is not developed until the ninth week of gestation, therefore, the South Carolina Supreme Court should decide whether a less developed fetal heart is still a fetal heart. The heartbeat law protects unborn children from abortion when their fetal heartbeats become detectable (around six weeks gestation).
