Following the landmark Supreme Court decision to overturn Roe v. Wade today, the first state is already moving forward to enforce its abortion ban and protect unborn babies.
The state is one of 26 countries to protect babies from abortion.
Attorney General Alan Wilson announced moments after Dobbs’ decision that he has filed a motion with the 4th Circuit Court of Appeals to lift the fetal heart rate ban and abortion protection, signed last year by the pro-life Governor Henry McMaster.
McMaster released a statement Friday,
“Today’s Supreme Court ruling is a resounding victory for the Constitution and those who have worked for many years to protect the lives of the most vulnerable among us. By the end of the day, we will be filing motions for the South Carolina Fetal Heartbeat Act to go into effect and begin immediately with members of the General Assembly to determine the best solution to protect the lives of unborn South Carolinas.”
In anticipation of this ruling, lawmakers in the Statehouse pre-formed an ad hoc committee to prepare for a special session on abortion.
Mary Green of WIS spoke with Rep. John McCravy, the SC House ad hoc committee chair. He talked to Attorney General Alan Wilson shortly after the Dobbs decision was released and said Wilson had already filed a motion to lift the Heartbeat Law’s suspension in the Fourth Circuit Court of Appeals.
The Supreme Court overturned Roe v. Wade by a 6-3 majority in the Dobbs case, that “the Constitution does not grant the right to abortion.”
“We believe that Roe and Casey should be overruled. The Constitution does not prohibit the citizens of any state from regulating or prohibiting abortion. Roe and Casey have usurped that authority. We now reject those decisions and return that authority to the people and their elected representatives,” Judge Samuel Alito wrote before the majority.
“The Constitution makes no reference to abortion, and such a right is not implicitly protected by any constitutional provision, including the one that Roe and Casey’s defenders now primarily rely on — the due process clause of the Fourteenth Amendment,” Judge Samuel Alito wrote. in the opinion of the majority. “That provision is held to guarantee some rights not mentioned in the Constitution, but such a right must be ‘deeply rooted in the history and tradition of this nation’ and ‘implicit in the concept of ordered liberty’.”
“Abortion poses a profound moral question. The Constitution does not prohibit the citizens of any state from regulating or prohibiting abortion. Roe and Casey have usurped that authority. We now reject those decisions and return that authority to the people and their elected representatives,” Alito wrote.
“Roe was wrong from the start. The reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have fueled debate and deepened divisions.”
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Judges Sonia Sotomayor, Elena Kagan, and Stephen Breyer wrote a joint dissent condemning the decision to allow states to impose “draconian” restrictions on women.