Abortion Ban

AFTER 12 WEEKS

South Carolina's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  S.C. Code Ann. § 44-41-85 (Enacted 1997).

South Carolina's ban is unconstitutional according to the U.S. Supreme Court's decision in Stenberg v. Carhart.  530 U.S. 914 (2000).  In Stenberg, the Court held that a similar ban, which lacked an exception to protect a woman's health and was written so broadly as to ban more than one procedure, placed an undue burden on a woman's right to choose.

South Carolina's unconstitutional law makes the performance of any abortion procedure that falls within a broad definition a felony, unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical illness, or physical injury and no other medical procedure will suffice.  Penalties include a fine of not less than $5000, imprisonment for not less than five years, or both.  S.C. Code Ann. § 44-41-85 (Enacted 1997).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.