South Carolina’s new law banning most abortions was suspended by a federal judge on Friday on its second day in effect.
Judge Mary Geiger Lewis put a 14-day temporary restraining order on the law and will renew it until she can hold a more substantial hearing on March 9 to decide whether to keep it from being enforced; until Planned Parenthood’s lawsuit against South Carolina is finished.
Governor Henry McMaster signed the bill into law on Thursday; less than an hour after it was sent to him; but the national reproductive health services organization sued even before the governor put ink to paper.
The temporary restraining order was needed in part because more than 75 women are scheduled to have abortions in the state over the next three days; most of them would be banned under the new law; Planned Parenthood and The Center for Reproductive Rights said in court papers.
The “South Carolina Fetal Heartbeat and Protection from Abortion Act” is similar to abortion restriction laws that a dozen states have previously passed. All were stopped from taking effect and currently are tied up in court. Federal law, which takes precedence over state law, currently allows abortion.
Planned Parenthood’s lawyers said South Carolina is “openly flouting this law”.
The South Carolina Attorney General’s Office said in court papers filed on Friday morning; that Planned Parenthood cannot be sure the law will be rejected by the US Supreme Court. With three justices appointed by Republican former President Donald Trump; they said, the court could overturn Roe v Wade, the 1973 decision supporting abortion rights.
Celebration after final approval of abortions law
Abortion opponents celebrated in the State House lobby outside the House chambers as members gave the bill final approval on Thursday. Standing shoulder to shoulder; they sang “Praise God” to the tune of “Amazing Grace” after the Republican governor held up the new law; so they could see his signature, signed with eight different pens. The Republican Party tried for years to pass the ban; finally succeeding after the party flipped three Senate seats in 2020.