South Carolina, United States

A judge has issued a temporary halt to South Carolina's new law that bans most abortions at around six weeks of pregnancy. The Friday ruling by Judge Clifton Newman came shortly after Governor Henry McMaster signed the bill into law. As a result, South Carolina will revert back to a ban on abortions at approximately 20 weeks after fertilisation until the state Supreme Court reviews the measure.

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Judge Newman stated that the status quo should be maintained until the Supreme Court has an opportunity to review the law. "It's going to end up there," he said.

The newly passed law is similar to a previous ban on abortions once a heartbeat is detected, which was passed in 2021. 

Also read | US: South Carolina passes six-week abortion ban. Details here

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However, the state Supreme Court in a 3-2 decision ruled that the 2021 law violated the right to privacy outlined in the state constitution. 

As per AP, legislative leaders believe that the new law makes some technical tweaks and that these may influence at least one justice to reconsider their position, especially since the author of the previous ruling has retired.

However, abortion rights group Planned Parenthood contends that the new law is so similar to the previous one that it would harm clinics and women seeking treatment if it remains in effect until a full court review.

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Planned Parenthood immediately filed a lawsuit against the new law upon its signing, arguing that it created uncertainty for South Carolina's abortion clinics, resulting in cancelled appointments for patients in the later stages of pregnancy and requiring doctors to give careful consideration to the new regulations. 

The majority opinion in the state Supreme Court ruling that struck down the 2021 law highlighted the authority of lawmakers to protect life but ultimately recognised that the privacy clause in the state constitution grants women the time to decide whether to have an abortion. 

Also read | North Carolina legislature overrides 12-week abortion ban veto, makes it law

It stated that most women are unaware of their pregnancy at six weeks after conception. 

Justice Kaye Hearn, who authored the opinion, has since retired, leaving the South Carolina Supreme Court as the only high court in the country without a female justice.

The changes made in the new law specifically target Justice John Few, who was part of the majority in the previous ruling. Justice Few expressed concerns about the poorly written nature of the 2021 law and suggested that a full ban on abortion would likely be constitutional. 

He compared a ban to child abuse or rape laws and said that it would not violate privacy rights if a fetus is granted the same rights as a person. 

The new law includes exceptions for fatal fetal anomalies, the life and health of the patient, and cases of rape or incest within the first 12 weeks. Violating the law could result in felony charges for doctors, carrying a maximum penalty of two years in prison and a $10,000 fine.

(With inputs from agencies)

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