CHARLOTTE, N.C. — Gov. Henry McMaster said the South Carolina Supreme Court "clearly exceeded its authority" by overturning the state's new abortion ban Thursday.
The Supreme Court voted 3-2 to strike down the measure, which banned abortions after cardiac activity is detected, typically around six weeks into a pregnancy, with exceptions for those caused by rape and incest or endangering the parent's life. The court ruled the restrictions violate the state constitution's right to privacy.
"Our State Supreme Court has found a right in our Constitution which was never intended by the people of South Carolina," McMaster tweeted. "With this opinion, the Court has clearly exceeded its authority. The people have spoken through their elected representatives multiple times on this issue."
McMaster signed the bill into law nearly two years ago. It drew lawsuits almost immediately with legal challenges making their way through both state and federal courts.
Federal courts had previously suspended the law. But the U.S. Supreme Court’s overturning of Roe v. Wade allowed the restrictions to take place — for just a brief period. The state Supreme Court temporarily blocked it this past August as the justices considered a new challenge.
McMaster said he would work with state lawmakers on taking further action to restrict abortion access.
In South Carolina, lawyers representing the state Legislature have argued that the right to privacy should be interpreted narrowly. During oral arguments this past October, they argued historical context suggests lawmakers intended to protect against searches and seizures when they ratified the right in 1971. Planned Parenthood attorneys representing the challengers have said the right to privacy encompasses abortion. They argued previous state Supreme Court decisions already extended the right to bodily autonomy.
The justices’ limited ruling left the door open for future changes. The state House and Senate failed to agree on additional restrictions during this past summer’s special session on abortion. Still, a small but growing group of conservative lawmakers have vowed to push that envelope once more this legislative session — despite some Republican leaders’ insistence no agreement is possible.
The Associated Press contributed to this report.