COLUMBIA, S.C. — On Tuesday, in a hearing for the Planned Parenthood lawsuit against South Carolina over its fetal heartbeat law, both parties made requests to the judge.
Planned Parenthood requested an injunction on the fetal heartbeat law, which recently went into effect in South Carolina. This injunction would place a block on the six-week abortion ban.
The fetal heartbeat law bans abortion after six weeks of pregnancy. This law went into effect soon after the U.S. Supreme Court overturned Roe v. Wade.
In response to the law going into effect, Planned Parenthood along with Greenville Women's Clinic, and two physicians filed a lawsuit against the state.
Planned Parenthood believes the new law violates South Carolinians’ constitutional rights to privacy and equal protection by banning abortion, by providing inadequate protections for patients’ health, and by conditioning sexual assault survivors’ access to abortion on the disclosure of their personal information to law enforcement.
"The plaintiffs urgently need a preliminary injunction to protect their patients' health and rights while these issues are worked out," the attorney representing Planned Parenthood said.
On Tuesday, the Attorney General's Office requested the suit be transferred from circuit court to the South Carolina Supreme Court.
The Attorney General's Office said it's looking for speedy decision.
"There's currently legislative work in the works for further regulation for abortion in the state. We think original jurisdiction, the supreme court, will allow for the fastest and speediest resolution," the lawyer representing the Attorney General's Office said.
Judge Casey Manning heard each request and came to a quick decision. Judge Manning denied Planned Parenthood's request for an injunction.
This means abortions after six weeks will remain illegal unless the South Carolina Supreme court rules otherwise.
According to Judge Manning's decision, the case will be transferred to the State Supreme Court, as the Attorney General's office requested.
News 19 spoke with both sides of the case about the results of the hearing.
"Outraged. Every day that we have to wait women's lives are put at risk. And so we came here today really believing that the constitution is on our side. It's black letter law," said Vicki Ringer, CEO of Planned Parenthood South Atlantic.
The Attorney General's Office said in a statement, "This is a monumental case and we argued to Judge Manning that it should be heard by the South Carolina Supreme Court."
The date for when the case could be heard by the State Supreme Court has not yet been released.
There is a continued effort at the State House to create a new abortion law that would completely ban the procedure. Lawmakers are expected to continue to discuss the legislation in August.