Filed Date: Sept. 14, 2023
Closed Date: Nov. 14, 2023
Clearinghouse coding complete
On January 5, 2023, in Planned Parenthood I, the South Carolina Supreme Court declared the state's six-week abortion ban in violation of the state Constitution. The South Carolina legislature subsequently passed S. 474, which prohibited abortions once a fetal heartbeat had been detected with very limited exceptions. On August 23, 2023, in Planned Parenthood II, the South Carolina Supreme Court upheld the fetal heartbeat ban, despite how similar it was to the initial six-week ban. In a footnote in its August 2023 opinion, the court said it was "leav[ing] for another day" the meaning of "fetal heartbeat" and the point in pregnancy at which the ban applies. 892 S.E.2d 121, 126 n.4 (S.C. 2023).
Based on that footnote, on September 14, 2023, Planned Parenthood and the Center for Reproductive Rights filed this lawsuit on behalf of Planned Parenthood South Atlantic, Greenville Women’s Clinic, and two physicians. The plaintiffs petitioned the state Supreme Court for original jurisdiction, expedited disposition, and emergency injunctive relief. They asked the court to resolve the ambiguity raised in Planned Parenthood II as to when the ban applies, asserting that the uncertainty had caused providers to stop providing abortion care after approximately six weeks of pregnancy. The plaintiffs argued that the ban should apply at a later point in pregnancy, rather than only when embryonic electrical activity can first be detected via ultrasound (around approximately six weeks of pregnancy).
On November 14, 2023, the South Carolina Supreme Court summarily denied the plaintiffs' requests, and advised that the plaintiffs could file an as-applied action in circuit court if they wanted to challenge the meaning of the Act.
This case is now closed.
Summary Authors
Michelle Wolk (12/18/2023)
Planned Parenthood South Atlantic v. South Carolina, South Carolina state trial court (2023)
State / Territory: South Carolina
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: Sept. 14, 2023
Closing Date: Nov. 14, 2023
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Planned Parenthood South Atlantic, Greenville Women’s Clinic, and two physicians.
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
State of South Carolina, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
Affected Sex/Gender(s):
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)