Supreme Court of South Carolina
Planned Parenthood South Atlantic v. State of South Carolina
January 5, 2023
Summary
The South Carolina Supreme Court held that the Fetal Heartbeat and Protection from Abortion Act unconstitutionally infringes the state constitutional right to privacy under Article I, §10 because it imposes an unreasonable restriction on a woman’s decision to terminate a pregnancy. Applying strict scrutiny, the Court found the state’s interests at six weeks of gestation are not compelling or narrowly tailored. The Court granted the petitioners’ relief and declared the Act unconstitutional.