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SC governor files brief urging justices to uphold Mississippi abortion ban; 11 others sign on

Joseph Bustos, The State on

Published in News & Features

COLUMBIA, S.C. — Gov. Henry McMaster has weighed in on a case in front of a U.S. Supreme Court that could overturn the landmark Roe v. Wade, which protects the right of a woman to have an abortion.

McMaster filed an amicus brief urging the Supreme Court to uphold Mississippi’s ban on abortion 15 weeks into a pregnancy except in cases of a medical emergency or a severe fetal abnormality.

Anti-abortion advocates hope a more conservative court will uphold abortion bans passed by state legislatures.

In 2018, the only clinic in Mississippi that performed abortions sued to prevent the law from taking effect. A federal court enjoined the law, a decision upheld by an appeal’s court.

The Supreme Court in May agreed to hear the Mississippi appeal to consider whether all pre-viability prohibitions on elective abortions are unconstitutional.

“There is no fight more important than the fight for life. That is why South Carolina has stood tall and fought for life at every turn and will continue to do so until the lives of the unborn are protected once and for all,” McMaster said in a news release Thursday. “Today’s action is another step closer to overturning Roe v. Wade and securing the precious gift of life for an untold number of children.”

In the brief, McMaster’s attorneys argued states should have the authority to regulate abortion without federal interference.


Overturning Roe v. Wade “also would produce positive results, including letting the democratic process work as intended, deescalating tensions on this divisive topic and allowing the states to serve as laboratories of democracy for establishing and implementing suitable abortion regulations based on the latest scientific knowledge,” the brief says.

Eleven other governors signed onto the amicus brief including Florida Gov. Ron DeSantis, Alabama Gov. Kay Ivey, Georgia Gov. Brian K. Kemp, Idaho Gov. Brad Little, Missouri Gov. Michael L. Parson and Texas Gov. Greg Abbott.

South Carolina earlier this year enacted a ban on abortions after a heartbeat is detected. A federal judge, however, put in place an injunction on the law preventing it from taking effect.

McMaster has challenged that injunction.


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