Appeals court mulls arguments on South Carolina abortion law
COLUMBIA, S.C. (AP) — An appellate court heard arguments Thursday in Planned Parenthood's legal challenge to South Carolina's new abortion law, with attorneys for the state arguing the nonprofit doesn't have standing to bring the case.
The nonprofit group, which immediately challenged the law after Republican Gov. Henry McMaster signed it last year, countered that it stood on legal bedrock.
The “South Carolina Fetal Heartbeat and Protection from Abortion Act" is similar to abortion restriction laws previously passed in a dozen states that became tied up in the courts.
South Carolina's law requires doctors to perform ultrasounds to check for fetal cardiac activity, which can typically be detected about six weeks into pregnancy. Once activity is detected, the abortion can only be performed if the pregnancy was caused by rape or incest, or if the mother’s life is in danger.
At issue in the appeal is a decision by U.S. District Judge Mary Lewis to put the entire law on hold, with attorneys for the state arguing that it was improper to stall all parts of the measure, rather than just the “heartbeat” provision.
The bulk of the government’s virtual argument before the 4th U.S. Circuit Court of Appeals centered on its notion that Planned Parenthood doesn’t have legal standing to bring the challenge on behalf of women who would potentially be prevented from getting abortions.
Representing South Carolina, attorney Christopher Mills said a prospective mother could ultimately choose to a sue a provider who didn’t follow the law, a situation he said would create a dire conflict of interest.
“They don’t have third-party standing because they have a unique conflict of interest in trying to deprive the women they supposedly represent of statutory rights against them,” Mills said, of...
