The lawsuit, filed on Monday, is aimed at challenging the state's fetal heartbeat law. The co-plaintiff in the lawsuit is Taylor Shelton, a resident of South Carolina, who had to travel to North Carolina for an abortion due to the law enacted in 2023.
The lawsuit has been filed against Republican Attorney General Alan Wilson and other state officials. The bone of contention, as per the lawsuit, is the ambiguity surrounding the exact point at which abortion is prohibited under the law. The plaintiffs are urging the court to interpret the law to mean that the ban should come into effect when the heart is formed, which is around nine weeks, rather than at six weeks.
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The lawsuit states, "Plaintiffs seek a preliminary injunction, followed by declaratory and injunctive relief, construing the definition of 'fetal heartbeat' to confirm that: (1) 'cardiac activity' is modified by 'the steady and repetitive rhythmic contraction of the fetal heart' such that the two phrases refer to one point in time during pregnancy, and (2) the relevant point in time addressed by the Act is the point when a heart has formed, which is after approximately nine weeks LMP, consistent with the medical consensus."
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South Carolina's law prohibits abortion after six weeks or when cardiac activity is detected, with exceptions for cases of rape, incest, or if the doctor believes that an abortion would "prevent the death of the pregnant woman or to prevent the serious risk of a substantial or irreversible impairment of a major bodily function," as per the text of the law. The law also mandates physicians to record the baby's heartbeat and show it to the mother before performing an abortion under one of the exceptions, or they risk losing their medical license.
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According to the lawsuit, Shelton discovered her pregnancy in September of the previous year but was unable to secure an abortion before the six-week deadline. Consequently, she had to travel to North Carolina for the procedure. Planned Parenthood contends that the law creates confusion about whether the ban applies at the onset of cardiac activity or when the heart is formed. They argue that this uncertainty deters doctors from performing abortions due to the "threat of severe criminal and civil penalties."
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Jenny Black, President and CEO of Planned Parenthood South Atlantic, expressed her concerns in a press release, stating, "South Carolina's ban on abortion is harming people like Taylor every day while also sowing chaos and confusion among health care providers across the state. No one should have to overcome barrier after barrier or travel across state lines for basic, essential health care. We're relieved Taylor was ultimately able to get the care she wanted and needed, but too many South Carolinians are unable to do so and must carry pregnancies against their will. People are tired of being told they can't make deeply personal decisions about their own health and medical care."
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