In
a unanimous order, the five justices of the South Carolina
Supreme Court did not express any opinion on whether Planned
Parenthood is ultimately likely to prevail. However, they said
the ban could conflict with the state's constitution.
"At this preliminary stage, we are unable to determine with
finality the constitutionality of the Act under our state's
constitutional prohibition against unreasonable invasions of
privacy," the court wrote.
"We applaud the court's decision to protect the people of South
Carolina from this cruel law that interferes with a person's
private medical decision," Planned Parenthood South Atlantic
President Jenny Black said in a statement.
"While we are disappointed, it's important to point out this is
a temporary injunction," said Robert Kittle, a spokesman for
South Carolina Attorney General Alan Wilson. "We will continue
to defend the law."
About half of U.S. states are expected to seek to restrict
abortions, or have already done so, following the U.S. Supreme
Court's June 24 decision to overturn its landmark 1973 ruling
Roe v. Wade, which guaranteed a national right to abortion.
South Carolina in 2021 enacted a law banning abortion when a
fetal heartbeat is detected, usually at around six weeks. The
law was initially blocked, but allowed to take effect after the
U.S. Supreme Court's June ruling.
The state also passed a law in 1974 effectively codifying Roe v.
Wade, however, and the 2021 law stated that it did not repeal
that earlier law. The state Supreme Court on Wednesday cited the
potential conflict between the two laws as one reason for its
temporary order.
(Reporting by Brendan Pierson in New York, Editing by Alexia
Garamfalvi and Matthew Lewis)
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