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Morning Briefing

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Thursday, Aug 24 2023

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South Carolina High Court Upholds Abortion Law But Admits It Infringes On 'Bodily Autonomy'

The state Supreme Court ruling, which allows restrictions on most abortions around six weeks of pregnancy, came just months after the only female justice left the court in January. In his majority opinion, Justice John Kittredge wrote that “to be sure, the 2023 Act infringes on a woman’s right of privacy and bodily autonomy,” while holding the law was still constitutional.

Just months after the exit of its sole female justice, the South Carolina Supreme Court on Wednesday upheld restrictions that would ban most abortions after around six weeks of pregnancy. ... The decision brings an end to the brief relief abortion rights advocates found in January when then-Justice Kaye Hearn wrote a majority opinion striking down a separate six-week ban tied to a 2021 state law, arguing it violated the state’s constitutional right to privacy. After Hearn’s mandatory retirement, South Carolina was left with an all-male high court. (Harris, 8/24)

In a 4-1 ruling, the South Carolina Supreme Court found that the state constitution's protection against "unreasonable invasions of privacy" did not include a right to abortion, and that the state law was "within the zone of reasonable policy decisions rationally related to the State's interest in protecting the unborn." "With this victory, we protect the lives of countless unborn children and reaffirm South Carolina's place as one of the most pro-life states in America," South Carolina Governor Henry McMaster, a Republican, said in a statement. (Pierson, 8/23)

More abortion news —

Republican presidential candidates sparred Wednesday over a question that has haunted the party since The Supreme Court overturned Roe v. Wade: Now that abortion bans are possible, how far should they go? Like voters, candidates splintered on the question. From a national ban to state decisions and when in pregnancy limits should be imposed, no two had quite the same answer. (Owermohle and Lawrence, 8/23)

The Arizona Supreme Court has agreed to review a lower court’s conclusion that abortion doctors can’t be prosecuted under a pre-statehood law that bans the procedure in nearly all cases. The high court decided on Tuesday that it would review the Arizona Court of Appeals ruling that said doctors couldn’t be charged for performing abortions in the first 15 weeks of pregnancy because other Arizona laws passed over the years allow them to perform the procedure. Abortions are currently allowed in Arizona in the first 15 weeks of pregnancy under a 2022 law. (8/23)

Democrats are mobilizing for what they widely view as the next major referendum on abortion rights: this fall's Virginia state legislature elections. Why it matters: Virginia is the lone southern state that hasn't banned or restricted abortion since the Supreme Court struck down federal protection of the procedure and provides another off-year test of its potency as a campaign issue following Ohio's special election this month. (Owens, 8/22)

A total of 22 states have moved to ban or restrict abortion following the Supreme Court's decision to overturn Roe v. Wade and end all federal protections for abortion. At least 24 U.S. states in total are expected to ban abortions or heavily restrict access to them, according to the Guttmacher Institute, an abortion-rights organization. (Gonzalez, 8/23)

In other reproductive health news —

鶹Ů Health News: Dangers And Deaths Around Black Pregnancies Seen As A ‘Completely Preventable’ Health Crisis 

Tonjanic Hill was overjoyed in 2017 when she learned she was 14 weeks pregnant. Despite a history of uterine fibroids, she never lost faith that she would someday have a child. But, just five weeks after confirming her pregnancy, and the day after a gender-reveal party where she announced she was having a girl, she seemed unable to stop urinating. She didn’t realize her amniotic fluid was leaking. Then came the excruciating pain. “I ended up going to the emergency room,” said Hill, now 35. “That’s where I had the most traumatic, horrible experience ever.” (West, 8/24)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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