Abortion Ban
AFTER 12 WEEKS
South Carolina has an unconstitutional and unenforceable ban that outlaws abortion procedures as early as 12 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 had no 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 any abortion procedure that falls within a broad definition a felony, unless 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 certain second-trimester abortion procedures and has no 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.
