SC Supreme Court Upholds Six-Week Abortion Ban in Major Ruling

In a ruling with far-reaching implications, the South Carolina Supreme Court has upheld the state’s Fetal Heartbeat and Protection from Abortion Act, which prohibits most abortions once cardiac activity is detected—typically around six weeks into pregnancy.

The decision, issued Tuesday, May 14, solidifies a 2023 law that has been at the center of legal and political battles across the state. The Court concluded that the term “fetal heartbeat” refers to “a steady and repetitive rhythmic contraction of the fetal heart,” effectively backing the state’s interpretation of when life legally begins.

Governor Henry McMaster, a long-time advocate for pro-life legislation, praised the Court’s ruling as a moral and legal win for South Carolina.

“Time and time again, we have defended the right to life in South Carolina, and time and time again, we have prevailed,” McMaster said in a statement. “Today’s ruling is another clear and decisive victory that will ensure the lives of countless unborn children remain protected and that South Carolina continues to lead the charge in defending the sanctity of life.”

The law includes exceptions in cases of rape, incest, threats to the mother’s life, fatal fetal anomalies, and some medical emergencies. Still, opponents argue that the narrow scope of those exceptions places women and doctors in difficult legal and medical situations.

Planned Parenthood South Atlantic, which led the legal challenge, argued that the six-week threshold is medically unsound and denies patients necessary time to make informed decisions. They also noted that many women may not even know they are pregnant by that point.

Despite those concerns, the Court sided with the state, making South Carolina one of more than a dozen states enforcing abortion bans around the six-week mark.

With this decision, South Carolina further solidifies its place among states leading the post-Roe wave of abortion restrictions following the U.S. Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization ruling. The debate is expected to remain front and center in the lead-up to the 2026 state elections.