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Planned Parenthood South Atlantic v. State of South Carolina

Citation: Not availableDocket: 28127

Court: Supreme Court of South Carolina; January 4, 2023; South Carolina; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of South Carolina addressed a challenge to the constitutionality of the Fetal Heartbeat and Protection from Abortion Act, which prohibited abortions once cardiac activity is detected, typically around six weeks gestation. Petitioners, including Planned Parenthood South Atlantic and individual physicians, argued that the Act violated the right to privacy under the South Carolina Constitution. The court reviewed whether the Act constituted an unreasonable invasion of privacy and found that it imposed an undue burden on women's constitutional rights by severely restricting their ability to make informed reproductive choices. The court emphasized the need to balance the state's interest in protecting potential life against individual privacy rights, ultimately declaring the Act unconstitutional under Article I, Section 10. The decision considered historical and legal precedents, underscoring that the right to privacy is explicitly protected within the state constitution and should be interpreted broadly. The ruling invalidated the Act, reaffirming that legislative restrictions on abortion must be reasonable and allow sufficient time for women to be aware of and decide upon their pregnancies.

Legal Issues Addressed

Balancing State Interests against Individual Privacy Rights

Application: The court emphasized that while the state has legitimate interests in protecting potential life, these interests must be balanced against a woman's constitutional right to privacy.

Reasoning: While this right is not absolute and must be weighed against the state's interest in protecting unborn life, the Act imposes an unreasonable restriction on this right, rendering it unconstitutional.

Constitutionality of the Fetal Heartbeat and Protection from Abortion Act

Application: The Act's six-week abortion ban was deemed unconstitutional as it imposes an unreasonable restriction on a woman's right to privacy.

Reasoning: The opinion concludes that the six-week restriction constitutes an unreasonable invasion of privacy, violating Article I, Section 10 of the South Carolina Constitution.

Historical Context in Constitutional Interpretation

Application: The court considered the historical context of the state's privacy provision, rejecting a narrow interpretation that confines it to electronic surveillance.

Reasoning: The court emphasizes that the broad language of the constitutional right to privacy should not be limited by specific references found in the West Committee notes.

Right to Privacy under the South Carolina Constitution

Application: The court determined that the South Carolina Constitution explicitly protects the right to privacy, which includes a woman's decision to terminate a pregnancy.

Reasoning: The court ultimately agrees with the Petitioners, determining that the Act constitutes an unreasonable invasion of privacy and is unconstitutional under Article I, Section 10 of the South Carolina Constitution.

Standard of Review for Statutory Challenges

Application: The court applied a standard of strict scrutiny to the Act due to its impact on fundamental rights, requiring the state to justify the restriction as narrowly tailored to a compelling interest.

Reasoning: The Act is subjected to strict scrutiny due to its impact on fundamental rights.