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February 1, 2022

4th Circuit Hears Challenge to SC Heartbeat Law

On Thursday, Jan 27, the 4th Circuit Court of Appeals heard arguments regarding a South Carolina law protecting unborn children with detectable heartbeats.

The South Carolina Fetal Heartbeat and Protection from Abortion Act requires doctors to perform ultrasounds and check for a fetal heartbeat before an abortion attempt. If the ultrasound finds a detectable heartbeat, abortion would only be legal in cases of rape or incest, or to save the life of the mother.

Additionally, the law requires that women be given the opportunity to see the ultrasound and hear the child's heartbeat if she chooses.

This bill was signed into law by Gov. Henry McMaster on Feb. 18, 2021, but it was quickly blocked after abortion businesses filed a lawsuit challenging it.

South Carolina Gov Henry McMaster argues that temporarily blocking the entire law while the court considers challenges is improper. In a brief to the 4th Circuit, he pointed out that other courts have upheld provisions that give women the opportunity to see ultrasounds and hear fetal heartbeats.