The action, which was signed in to law by Governor McMaster a month, could prohibit an abortion when a doctor can detect a fetal heartbeat, which is observed as early as 6 months into a pregnancy, often before a woman even knows she’s pregnant.
The behave is only going to take effect if Roe v. Wade is overturned, either via a Supreme Court decision or even a Constitutional change. Only 1 day after the governor signed the bill, judge Mary Geiger Lewis given a motion for a temporary restraining order before a hearing on March 9.
In deciding whether to issue the injunction Judge Lewis wrote that since Planned Parenthood v. Casey maintained that a girl has the right to complete a pre-viable pregnancy also since the South Carolina action would prohibit abortions long before fetal viability, the plaintiffs, in this scenario, are very likely to be successful in their argument that the action is unconstitutional. She wrote “This situation doesn’t present a close call,” and that she had been”unable to fathom another court could determine this problem differently than this election decided it.”
She wrote that it had been”nothing short of baffling” the authorities contended that the action is inherent”but certainly, all of the while knowing full well it isn’t.” She ignored the concept that the three recently appointed Justices to the Supreme Court”are secretly scheming to overturn both Roe v. Wade and Planned Parenthood v. Casey since they’re personally opposed to abortion,” noting that”such a proposal is misinformed at best, and extremely offensive at worst.”
She chastised the media for regularly feeding the story that the judges are political by pointing from the title of the president that happened to create a justice or judge. In rejecting this belief, she wrote,”we’re neither Democrat nor Republican courts. We’re Article III constitutional courts. Period.”