Filed Date: July 13, 2022
Case Ongoing
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On July 13, 2022, Planned Parenthood South Atlantic, Greenville Women’s Clinic, and two physicians filed a lawsuit against South Carolina to challenge the state’s Senate Bill 1 (SB 1), a six-week abortion ban. This case was first filed in the Court of Common Pleas for the Fifth Judicial Circuit, then later taken up by the South Carolina Supreme Court after a petition for original jurisdiction was filed on July 20, 2022. Plaintiffs argued that South Carolina's six-week abortion ban violates the state’s constitutional rights to equal protection, due process, and privacy, which includes the right to medical self-determination. Plaintiffs sought (1) declaratory relief stating that SB 1 is invalid because it violates South Carolina’s right to privacy and guarantees of equal protection and substantive due process, and because SB 1 is unconstitutionally vague, (2) injunctive relief in the form of a temporary restraining order followed by preliminary and permanent injunctions that prohibit the enforcement of SB 1, and (3) attorney fees and costs.
On August 17, 2022, the South Carolina Supreme Court, headed by Chief Justice Donald W. Beatty, granted the petition for original jurisdiction as well as a temporary injunction blocking the enforcement of SB 1. The Court made clear that it was offering no opinion on the likelihood of success on the merits, and granted the temporary injunction in order to preserve the status quo and prevent possible irreparable injury to a party pending litigation.
On October 19, 2022, the South Carolina Supreme Court heard oral argument in the case. In the oral arguments, Plaintiffs argued that the state's explicit constitutional right to privacy should be broadly interpreted to encompass abortion. On January 5, 2023, the Supreme Court agreed with the plaintiffs' argument. It held that the decision to terminate a pregnancy implicates a woman's right to privacy and that because this Act severely limited—and in many instances completely foreclosed—abortion, it was an unreasonable restriction upon a woman's right to privacy and was therefore unconstitutional under Article I, Section 10 of the South Carolina Constitution. The court further reasoned that although the legislature has authority to at times limit the right of privacy, six weeks was not a reasonable or sufficient amount of time for a woman to both determine she is pregnant and to take reasonable steps to terminate that pregnancy. (Opinion No. 28127)
This case remains ongoing.
Summary Authors
Kathleen Lok (1/23/2023)
State / Territory: South Carolina
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: July 13, 2022
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Planned Parenthood South Atlantic and Greenville Women’s Clinic (non-profit service organizations in South Carolina that provide reproductive health and family planning services), and two physicians under their employment.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Center for Reproductive Rights
Planned Parenthood Federation of America
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Attorney General of South Carolina, State
Director of the South Carolina Department of Health and Environmental Control, State
President of the South Carolina Board of Medical Examiners, State
Vice President of the South Carolina Board of Medical Examiners, State
Secretary of the South Carolina Board of Medical Examiners, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Order Duration: 2022 - None
Content of Injunction:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General:
Type of Facility: