Filed Date: Feb. 5, 2024
Case Ongoing
Clearinghouse coding complete
On February 5, 2024, Planned Parenthood South Atlantic (PPSAT), PPSAT's Chief Medical Officer, and a woman who sought an abortion but was unable to obtain one in South Carolina brought this as-applied challenge to South Carolina's Fetal Heartbeat and Protection from Abortion Act (S. 474). S. 474 acts as a "fetal heartbeat" six-week abortion ban. In 2023, the South Carolina Supreme Court held that S. 474 was constitutional, see Planned Parenthood South Atlantic v. South Carolina, but left the question of at what point in pregnancy the law bans abortion "for another day." Plaintiffs brought this suit to gain clarification on this question.
Plaintiffs, represented by Planned Parenthood Federation of America (PPFA) and private counsel, brought suit in the Court of Common Pleas for the Fifth Judicial Circuit. They sued the state Attorney General, the Director of the South Carolina Department of Health and Environmental Control, the President, Vice President and Members of the South Carolina Board of Medical Examiners, and the Chairperson, Vice Chairperson, Secretary and Members of the South Carolina Board of Nursing.
Plaintiffs argued that S. 474 provides two different definitions of "fetal heartbeat" and that the correct interpretation is that the ban begins around nine weeks; while embryonic electrical activity is detected at approximately six weeks last missed period (LMP), major components of a fetus's heart do not form until after approximately nine weeks LMP. Plaintiffs asked the court to declare that S. 474 banned abortion after a heart is formed, approximately nine weeks LMP; or, alternatively, to find that the Act's definition of "fetal heartbeat" was vague and construe it to mean after a heart is formed. Plaintiffs also sought injunctive relief.
Plaintiffs' petition is currently pending before the court.
Summary Authors
Avery Coombe (3/21/2024)
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: Feb. 5, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Planned Parenthood South Atlantic, its Chief Medical Officer, and a woman who sought an abortion but was unable to receive one in South Carolina.
Attorney Organizations:
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
South Carolina Department of Health and Environmental Control, State
South Carolina Board of Medical Examiners, State
South Carolina Board of Nursing, State
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Reproductive rights: