Case: Planned Parenthood South Atlantic v. State of South Carolina

South Carolina state supreme court

Filed Date: Sept. 14, 2023

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Case Summary

This case concerns a statutory interpretation of South Carolina’s Fetal Heartbeat bill. On September 14, 2023, Planned Parenthood South Atlantic and several South Carolina physicians and nurses filed suit for declaratory judgment in the South Carolina Supreme Court. Plaintiffs asked the Court to clarify the meaning of a state law banning abortions after a “fetal heartbeat” has been detected. Plaintiffs filed suit under the State’s Uniform Declaratory Judgments Act and State’s Due Process Claus…

This case concerns a statutory interpretation of South Carolina’s Fetal Heartbeat bill.

On September 14, 2023, Planned Parenthood South Atlantic and several South Carolina physicians and nurses filed suit for declaratory judgment in the South Carolina Supreme Court. Plaintiffs asked the Court to clarify the meaning of a state law banning abortions after a “fetal heartbeat” has been detected. Plaintiffs filed suit under the State’s Uniform Declaratory Judgments Act and State’s Due Process Clause and against the State of South Carolina and other state elected officials in their official capacity. Plaintiffs were represented by Planned Parenthood Federation of America, the Center for Reproductive Rights, as well as local counsel.

This case arose following an earlier South Carolina Supreme Court decision in which the Court upheld the Constitutionality of a state law which banned abortions once a “fetal heartbeat” could be detected. In upholding the law, the Court left open the question as to whether the statutory phrase “the steady and repetitive rhythmic contraction of the fetal heart” was intended to define or supplement the term “cardiac activity” in the law. Plaintiffs asserted that this open question created

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Summary Authors

Daria Wick (3/27/2025)