Planned Parenthood v. South Carolina
The South Carolina Supreme Court held that abortion ban does not violate the constitution’s right to privacy or guarantees of equal protection or due process.
Plaintiffs had claimed that abortion ban violates the state constitution’s 1) explicit right to privacy (Art. I, § 10), 2) guarantee of equal protection (Art. I, § 3), and 3) guarantee of due process — life and liberty (Art. I, § 3). Additionally, they claimed that the death and substantial injury exception to the ban violates the state constitution’s 1) right to privacy (Art. I, § 10), 2) guarantee of equal protection (Art. I, § 3), 3) guarantee of due process — life and liberty (Art. I, § 3), and 4) guarantee of due process — the law is insufficiently clear (Art. I, § 3). Furthermore, the plaintiffs claimed that the rape exception violates the state constitution’s 1) right to informational privacy (Art. I, § 10) and 2) guarantee of equal protection (Art. I, § 3). Moreover, they claimed that the fatal fetal anomaly exception violates the state constitution’s 1) right to privacy (Art. I, § 10), 2) guarantee of equal protection (Art. I, § 3), 3) guarantee of due process — life and liberty (Art. I, § 3), and 4) guarantee of due process — the law is insufficiently clear (Art. I, § 3). The plaintiffs also claimed that ban’s provision barring Planned Parenthood and its affiliates from using state funds to provide abortions or related services violates 1) the state constitution’s ban on legislation prescribing punishments without a trial (Art. I, § 4), 2) the state constitution’s guarantee of equal protection (Art. I, § 3), and 3) federal law allowing Medicaid recipients to seek care from any qualified healthcare provider willing to provide services (42 U.S.C. § 1396a(a)(23)). Finally, they claimed that the ban is void because it conflicts with state supreme court precedent holding that a nearly-identical 6-week ban violated the South Carolina constitution.
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