Last week, the South Carolina Supreme Court became the first state high court to find a state-level right to abortion since Roe v. Wade was overturned. What’s behind the decision and where do abortion advocates go from here?
“[The decision is] building on a body of jurisprudence throughout the country, holding that state constitutions do in fact recognize and independently protect abortion rights, which is absolutely crucial without federal protection,” Genevieve Scott, senior counsel at the Center for Reproductive Rights told Yahoo News.
The 3-2 South Carolina ruling left intact the state’s existing ban on most abortions at 20 weeks after fertilization. Republican South Carolina Gov. Henry McMaster signed the abortion law in 2021. He criticized the state court’s decisionthat it “found a right in our Constitution which was never intended by the people of South Carolina.”
In the discussion below, both Scott and Williams further explained to Yahoo News what’s behind the South Carolina decision and where abortion advocates go from here. Some responses have been edited for length and clarity.)It certainly could. When you get state courts like South Carolina with a privacy clause making a ruling like that, certainly other states are going to look at it, but it doesn't mean they have to follow it.
But if the [South Carolina] legislature were to propose an amendment that says, “the privacy provision does not cover abortion,” that could be put up for a vote of the people in South Carolina.The [Center for Reproductive Rights] is challenging [abortion] bans throughout the country, and right now, for example, we are awaiting critical decisions from courts in North Dakota, Oklahoma, Georgia and Florida.
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