The new law prohibits abortion after a child's heartbeat is detectable, which normally occurs at six weeks. It contains exceptions for rape and incest up to 12 weeks, and any gestational age if the child is diagnosed with a fatal condition or the mother faces a medical emergency.
Newman's injunction must be reviewed by the South Carolina Supreme Court, which notably struck down a different heartbeat law in January. Since then, a pro-abortion justice retired from the court.
Gov. Henry McMaster (R) and pro-life legislators filed an emergency petition to the state supreme court requesting an expedited hearing:
“Appellants are likely to succeed on the merits,” the petition argues. “The 2023 Act resolves the issues the Court found with the 2021 Act, from removing the prior codification of the Roe trimester framework to clarifying the State’s compelling interest in the life of the unborn child to addressing the ‘informed choice’ concern.”
“Appellants will suffer irreparable harm without an injunction because the representative process is damaged every time a law adopted by the General Assembly and approved by the Governor is enjoined,” the petition further argues. “Respondents—two physicians and two facilities that perform abortions—will not: They cannot legally represent the interests of pregnant women on whom they seek to perform abortions, and they face no harm themselves from complying with state law. And a stay of the injunction pending appeal will protect the lives of countless unborn children.”
