The South Carolina Supreme Court struck down the state's six-week abortion ban on Thursday, as part of a broader fight by abortion rights advocates to challenge abortion laws in state courts.
The South Carolina House is considering legislation that would ban abortion in the state.
In response to a lawsuit brought by abortion providers, the South Carolina Supreme Court ruled that the six-week ban was an unwarranted invasion of privacy.
In South Carolina, abortion will be legal up to 20 weeks.
The six-week abortion ban went back into effect in August after the South Carolina Supreme Court temporarily blocked it.
The state has the authority to limit the right of privacy when it comes to abortion, according to the state Supreme Court.
The six weeks allowed under the state's ban is simply not a reasonable period of time for these two things to happen.
The office of South Carolina Attorney General Alan Wilson did not respond to a request for comment on the decision, but the speaker of the South Carolina House did.
Smith said that the decision stripped the people of this state from having a say in a decision that was meant to reflect their voices. South Carolina has a decision that is not reflective of the state's political process or will.
South Carolina will remain a key access point for abortion, along with North Carolina and Florida, because of the ruling. Georgia banned abortion after six weeks, while Tennessee, Alabama and Mississippi did not.
The Supreme Court can overturn its ruling in the future. Slate reports that the justice who wrote the opinion in the case will retire in February. Lawmakers could replace Hearn with an anti-abortion rights justice who would be willing to overturn the ruling and put the law back in place.
The six-week abortion ban was dealt a blow by the South Carolina legislature. In September, the legislature tried to pass a total abortion ban, but it failed due to disagreements over the bill's parameters and exemptions for rape and incest.
South Carolina is one of five conservative-leaning states in which state Supreme Courts have ruled in favor of abortion rights. The lawsuit against South Carolina's six week ban is part of a larger effort by abortion providers and abortion rights advocates to shift their legal battle to state courts. Those legal fights, which are based on arguments that state-level abortion bans violate state constitutions, have already resulted in a number of state bans getting at least temporarily blocked.
The South Carolina Supreme Court blocked the abortion ban.
The Supreme Court of South Carolina is taking up the abortion ban.
The South Carolina Senate rejected a near total abortion ban, but doubled down on a six week limit.
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