COLUMBIA, S.C. — South Carolina’s governor signed a bill Thursday banning most abortions around six weeks of pregnancy, setting up an anticipated legal challenge from providers.
The law, which goes into effect immediately, restores the ban South Carolina had in place when the U.S. Supreme Court overturned Roe v. Wade last year. The ban was overturned by the state’s highest court as a violation of the state constitution’s right to privacy.
That decision had left abortion legal through 22 weeks of pregnancy, making South Carolina one of the last places with relatively looser abortion restrictions in the Southeastern United States.
The move further curtails access across the region with North Carolina set to ban most abortions after 12 weeks of pregnancy beginning July 1.
The South Carolina law bans abortion when an ultrasound detects cardiac activity, around six weeks, and before most people know they are pregnant. It includes exceptions for fatal fetal anomaly, the patient’s life and health, and rape or incest through 12 weeks.
Planned Parenthood South Atlantic has already filed a lawsuit and request for a temporary restraining order. A hearing is set for Friday at 10:30 a.m. in Richland County regarding the order.
Republicans said they tweaked parts of the new law so it can pass judicial review.
One change they made defines a clinically diagnosable pregnancy. Secondly, they included a legislative finding that says the state has a "compelling interest in protecting the life and health of the mother and the unborn child".
They also removed a legislative finding that one of the justices said was contradictory.
“If it’s not unanimous I would like for it to be 4 to 1. I don’t want to have a 3-2 split vote so we tried hard to pay attention to what they wrote and to respond to it," Senate Majority Leader Shane Massey told reporters on Tuesday.
Also different this time is the makeup of the Supreme Court. Justice Kaye Hearn, who authored the 3-2 state Supreme Court’s leading opinion overturning the ban was also replaced after she had to retire due to age.
University of South Carolina political science professor Kirk Randazzo said that if the six-week time frame remains the centerpiece of the law, it will remain unconstitutional.
"Yes, there are some differences in language. In my opinion, those differences are really more semantic at best, they're not substantive," said Randazzo.
Randazzo added that provisions in the bill requiring sexual assault survivors to report the crime and disclose their personal information to law enforcement could also violate privacy rights.
"There are unintended consequences that are going to affect more than just women who want to get an abortion," said Randazzo.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
COLUMBIA, S.C. (AP) — A wave of newly approved abortion restrictions in the Southeastern United States has sent providers scrambling to reconfigure their services for a region with already severely limited access.
Pending bans at varying stages of pregnancy in North Carolina, South Carolina and Florida — states that had been holdouts providing wider access to the procedure — are threatening to further delay abortions as appointments pile up and doctors work to understand the new limitations.
“There’s really going to be no way for the whole abortion-providing ecosystem to manage it all," said Jenny Black, the president of Planned Parenthood South Atlantic.
Black, who oversees the organization’s work in North Carolina, South Carolina, West Virginia and parts of Virginia, said providers have had to quickly determine how to comply with the pending laws amid the “decimation of abortion access across the South.” She expects new restrictions will compound the stressors on a system that was already seeing lengthy waiting periods in North Carolina driven by an influx of patients from Georgia and Tennessee.
Abortion is severely restricted in much of the South, including bans throughout pregnancy in Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Oklahoma, Tennessee, Texas and West Virginia. In Georgia, it’s allowed only in the first six weeks.
A report released in early April by the Society of Family Planning found rising numbers of abortions in states near those with the deepest restrictions but where abortion had remained largely legal. Florida and North Carolina were among the states with the biggest increases — and among those where new restrictions are pending.
Most abortions after 12 weeks of pregnancy will be banned in North Carolina beginning July 1 and a six-week ban in Florida will take effect only if the state’s current 15-week ban is upheld by the state Supreme Court.
South Carolina had also proven to be a key destination for people seeking abortions. Provisional state Health Department data showed larger numbers of out-of-state patients after the state's highest court overturned previous restrictions and left abortion legal through 22 weeks.
A new ban after around six weeks that awaits the South Carolina governor's signature will change that status, according to Caitlin Myers, an economics professor at Middlebury College. Myers, who studies the effects of reproductive policies, said limited evidence suggests about half of the people who want abortions won't be able to make the six-week threshold.
“It’s likely to end up sending a lot of desperate people seeking abortions even farther distances and result in even greater congestion at the facilities that are left to receive them,” Myers said.
The action comes as many state legislatures convene for their first regular sessions since the U.S. Supreme Court struck federal abortion protections. Over the past two months, Republican officials in North Carolina, South Carolina and Florida have pushed Virginia closer to being a regional outlier as a place with relatively permissive access.
The tide of state-level activity has been welcomed by anti-abortion groups who had long chipped away at access. Caitlin Connors, the southern regional director for Susan B. Anthony Pro-Life America, celebrated the recent legislative changes as victories made possible by last summer’s ruling.
“We are officially in an era where states who have tried to pass pro-life legislation — laws that would protect unborn children, laws that would also implement services for moms and families and babies — to finally be able to be enacted and not be under the chokehold of the Roe v. Wade decision,” Connors said.
That shifting landscape has also heightened uncertainty among providers that has kept them from expanding services, Myers said, and likely will prevent some patients from getting abortions as doctors weigh what is and isn't permissible.
Erica Pettigrew, a family medicine doctor in North Carolina, said the new restrictions will make it much more difficult for her to help patients navigate the system. Although North Carolina Republicans pitched the new 12-week limit as a middle-ground change, Pettigrew pointed to other provisions that make it much more restrictive.
New hurdles require that women make in-person visits to a medical professional at least 72 hours before the procedure. The three-day waiting period could previously be initiated over the phone. The law also requires a doctor to schedule a follow-up visit for women who have a medically induced abortion, increasing the hardship on those who travel from other states.
Those regulations will make it harder to advise patients on their options, she said, especially when waiting periods already spanned two to four weeks in some cases.
Other delays may result from what Pettigrew called unclear exceptions for certain life-threatening conditions.
“Now we’re in this horrible purgatory of trying to figure out how to interpret it, how we can comply with the law,” Pettigrew said. "There’s so many unknowns.”
Associated Press writer Hannah Schoenbaum contributed to this report from Raleigh, North Carolina. Schoenbaum and Pollard are corps members for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.