Following the Supreme Court’s monumental decision to overturn Roe v. Wade today, the first state is already moving forward to enforce its abortion ban and protect unborn babies.
The state is one of 26 expected to protect babies from abortion.
Attorney General Alan Wilson announced moments after the Dobbs decision that he has filed a motion with the 4th Circuit Court of Appeals to lift its injunction against the Fetal Heartbeat and Protection Against Abortion that was signed into law last year by pro-life Governor Henry McMaster.
McMaster issued a statement Friday,
“Today’s Supreme Court ruling is a resounding victory for the Constitution and for those who have worked for so many years to protect the lives of the most vulnerable among us. By the end of the day, we will file motions so that the Fetal Heartbeat Act will go into effect in South Carolina and immediately begin working with members of the General Assembly to determine the best solution for protecting the lives of unborn South Carolinians.”
In anticipation of this ruling, lawmakers at the Statehouse formed an ad hoc committee in advance in preparation for a special session on abortion.
WIS’s Mary Green talked with Rep. John McCravy, the chair of the SC House’s Dobbs ad hoc committee. He spoke with Attorney General Alan Wilson shortly after the Dobbs decision was released and said Wilson has already filed a motion to lift the stay on the Heartbeat Law in the Fourth Circuit Court of Appeals.
The Supreme Court has overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion.”
“We hold that Roe and Casey must be overruled. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Justice Samuel Alito wrote for the majority.
“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment,” Justice Samuel Alito wrote in the majority opinion. “That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.’”
Justices ruled to uphold Dobbs, which limits abortion to 15-weeks in Mississippi, effectively overturning Roe v. Wade and returning abortion law to the states.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
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Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.
