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Citing ‘Right to Privacy,’ South Carolina Supreme Court Strikes Down Heartbeat Abortion Ban
LifeSite News ^ | 1/6/22 | Emily Mangiarcina

Posted on 01/06/2023 6:10:46 PM PST by marshmallow

Governor McMaster has condemned the anti-life decision as an overreach of the state Supreme Court’s authority, and has pledged to work to help 'correct this error.'

COLUMBIA, South Carolina (LifeSiteNews) – The South Carolina Supreme Court struck down the state’s abortion-restricting Fetal Heartbeat Act on Thursday, declaring that the law infringed upon the “right to privacy.”

The act, which banned abortions when a fetal heartbeat can be detected, at about six weeks gestation, was signed into law by Governor Henry McMaster in 2021, but did not take effect until the overturning of Roe v. Wade in June 2022.

The law was subsequently challenged by the state’s abortionists, Planned Parenthood and Greenville Women’s Clinic, and the state Supreme Court then temporarily blocked it until it could rule on its constitutionality.

Justice Kaye Hearn wrote on behalf of the 3-2 state Supreme Court majority that “Six weeks is, quite simply, not a reasonable period of time” for a woman to know she is pregnant and make the decision to have an abortion.

Hearn framed the issue in terms of limiting a “right to privacy,” and not a “right to life.”

“The State unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy,” wrote Hearn.

She concluded that because the Fetal Heartbeat Act did not allow a woman such “sufficient time” to decide whether to have an abortion, that the law “violates our state Constitution’s prohibition against unreasonable invasions of privacy.”

(Excerpt) Read more at lifesitenews.com ...


TOPICS: Current Events; Moral Issues; Religion & Culture; Religion & Politics
KEYWORDS: abortion; nosuchright; prolife; southcarolina
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1 posted on 01/06/2023 6:10:47 PM PST by marshmallow
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To: marshmallow

I think I’ll go in for an abortion.

No, I don’t think I’m pregnant, and don’t check - that’s private.

Did I get that right?


2 posted on 01/06/2023 6:13:12 PM PST by Scrambler Bob
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To: marshmallow

Call a special legislative session and bring up articles of impeachment on their sorry asses.


3 posted on 01/06/2023 6:15:34 PM PST by Extremely Extreme Extremist
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To: marshmallow

The ghost of Justice Harry Blackmun author of Roe vs. Wade has appeared.


4 posted on 01/06/2023 6:17:41 PM PST by Nextrush (FREEDOM IS EVERBODY'S BUSINESS-REMEMBER PASTOR NIEMOLLER)
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To: marshmallow

Right to privacy except when it comes to COVID vaccines. /spit


5 posted on 01/06/2023 6:18:03 PM PST by Flavious_Maximus (Tony Fauci will be put on death row and die of COVID!)
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To: marshmallow

“The State unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy,” wrote Hearn.

Uhmmmm....How about the “The State unquestionably has the authority to protect children from their mother and improving their odds of survival”


6 posted on 01/06/2023 6:19:05 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: marshmallow

Is there a right to privacy in the AC Constitution or did they pull a Roe and pnemumbra it in?


7 posted on 01/06/2023 6:20:09 PM PST by FlipWilson
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To: marshmallow

So I can kill someone, just so long as I keep it private. Good to know…


8 posted on 01/06/2023 6:21:42 PM PST by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: marshmallow

Why is killing Americans in the womb legal? Don’t babies have any rights?


9 posted on 01/06/2023 6:23:14 PM PST by chopperk
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To: Vendome

Destruction of Capitola Wharf - Drone Video
https://www.ksbw.com/article/drone-video-shows-the-destruction-of-capitola-wharf/42409272


10 posted on 01/06/2023 6:25:08 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: marshmallow

Is this the same court that just tossed a legislative redistricting map in SC?

Hopefully, the NC Legislature wins their case that is with SCOTUS. Then these judges are powerless.


11 posted on 01/06/2023 6:27:06 PM PST by qaz123
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To: chopperk

In the womb? These savages want to do it after the child is born.


12 posted on 01/06/2023 6:28:05 PM PST by qaz123
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To: marshmallow
Justice Kaye Hearn wrote on behalf of the 3-2 state Supreme Court majority that “Six weeks is, quite simply, not a reasonable period of time” for a woman to know she is pregnant and make the decision to have an abortion.

How exactly could someone go get an abortion if they don't know they are pregnant?

13 posted on 01/06/2023 6:28:56 PM PST by Republican Wildcat
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To: Vendome
“The State unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must afford a woman sufficient time to determine she is pregnant and to take reasonable steps to terminate that pregnancy,” wrote Hearn.

Again I ask...how, exactly, can a woman go get an abortion without first knowing she is pregnant?

Am I missing something, or is this just as overwhelmingly stupid as it seems?

14 posted on 01/06/2023 6:31:51 PM PST by Republican Wildcat
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To: Republican Wildcat
How exactly could someone go get an abortion if they don't know they are pregnant?

Little slow on the uptake tonight, are we? Why you try again and think harder this time. This really isn't that difficult to understand. You may not agree with it, no, but you should at least try to understand what it is you're disagreeing with.

Sheesh.

15 posted on 01/06/2023 6:34:21 PM PST by DSH
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To: marshmallow

Shows how thoroughly the left has routed the conservatives in institutional power when the most ruby-red state in the country cannot even escape this nonsense. All the big Reagan-era victories and massive mid-term wins in 1994 and 2010 mean nothing. The institutions in this country are undeniably leftist.


16 posted on 01/06/2023 6:36:20 PM PST by nwrep
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To: marshmallow

And in the same week Idaho’s supremes approved a similar abortion bill.


17 posted on 01/06/2023 6:50:12 PM PST by lurk (u)
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To: marshmallow

Right to privacy collapses utterly when CPS steps in.
Try telling a social worker you have a right to privacy when crazy neighbor Gladys claims you let your kid walk five blocks alone, or the guy at the photo processing desk at Walgreen’s thinks your baby-on-bearskin-rug photos are too revealing. Mention your right to privacy and do not pass go...


18 posted on 01/06/2023 6:57:26 PM PST by Buttons12 ( Do you not think an Angel rides in the Whirlwind and directs this Storm?)
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To: Republican Wildcat

It’s not like when I was young.
You can walk into any drug store and get a pregnancy test for a few dollars which is quite accurate 10 days after getting pregnant.

When I was young those tests could have saved my girl friend and me weeks of worry one time. The claim of 6 weeks being not enough time would fly that many years ago, not now.


19 posted on 01/06/2023 7:23:20 PM PST by ChildOfThe60s ( If you can remember the 60s.....you weren't really there..)
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To: marshmallow

Just another crooked court doing its part to corrupt the law.


20 posted on 01/06/2023 7:25:42 PM PST by Revel
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