South Carolina's Six-Week Abortion Ban Upheld, Planned Parenthood Disappointed

A South Carolina judge has denied Planned Parenthood's request to weaken the state's six-week abortion ban, leaving the law intact. Pro-life groups celebrated the decision, while Planned Parenthood expressed disappointment and vowed to continue fighting.

In a significant legal victory for pro-life advocates, a South Carolina judge has denied Planned Parenthood's request to weaken the state's six-week abortion ban, upholding the law and leaving it in effect.

On Thursday, Fifth Circuit Judge Daniel Coble ruled against Planned Parenthood's demand for a preliminary injunction that would have slackened South Carolina's six-week abortion restriction to nine weeks. The organization had argued that the law's strict timeframe denied women access to essential healthcare.

Proponents of the 2023 law, including South Carolina Governor Henry McMaster, expressed confidence in the ruling and vowed to continue protecting the unborn.

"South Carolina's heartbeat law secured another legal victory yesterday, with the trial court denying Planned Parenthood's preliminary injunction," said Brandon Charochak, a spokesman for Governor McMaster. "Life will continue to be protected in South Carolina, and the governor will continue his fight to protect it."

The state law defines a "fetal heartbeat" as "cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac," according to the Charleston Post & Courier. Judge Coble wrote in his decision that the state legislature clearly intended a six-week time frame in that regard.

In its filing, Planned Parenthood reportedly argued that since the new law was enacted, 75% of women who sought abortions were denied the procedure because of the time constraint. The organization also alleged almost 7/8 of those patients could have undergone an abortion if they were permitted at the nine-week mark.

Critics also argued that many women do not know they are pregnant yet at six weeks. However, the State of South Carolina testified that an unborn baby's heart is beating "steadily, repetitively, and rhythmically" six weeks in, even if the organ is not fully formed yet.

Planned Parenthood-South Atlantic president and CEO Jenny Black expressed disappointment in Judge Coble's decision. "Given the impact of this case on thousands of patients across South Carolina who have been unfairly denied abortion care, we will continue to demand that the courts apply the law as written. This fight is not over," Black said.

"Our highest priority is giving our patients the care they need — no matter what. Planned Parenthood South Atlantic remains committed to helping every patient navigate the unjust and inhumane confines of South Carolina’s abortion ban."

The heartbeat law has faced legal challenges in the past. In 2023, the South Carolina Supreme Court struck down a preceding six-week ban, citing right-to-privacy concerns. However, the court later upheld a second attempt at a six-week prohibition that was drafted a few months after the original denial.

The new law does contain exceptions for the life and health of the mother, as well as in cases of rape or incest, so long as those are reported to law enforcement within 12 weeks.

South Carolina only has three listed abortion providers, all in its major cities: Greenville, Columbia, and Charleston. Planned Parenthood's continued legal challenges to the six-week ban will be closely watched by both pro-life and pro-choice advocates, as the outcome could have implications for other states with similar restrictive abortion laws.