Last week, the South Carolina Supreme Court became the first state high court to find a state-level right to abortion since the U.S. Supreme Court overturned Roe v. Wade last June, abolishing the federal constitutional right to abortion.
“[The decision is] building on a body of jurisprudence throughout the country, holding that state constitutions do in fact recognize and independently protect abortion rights, which is absolutely crucial without federal protection,” Genevieve Scott, senior counsel at the Center for Reproductive Rights told Yahoo News.
Williams points out that while the South Carolina Constitution explicitly includes a right to privacy, “there’s no right to privacy in the text of the U.S. Constitution.” In the landmark 1965 Griswold v. Connecticut ruling that legalized contraception, the Supreme Court found there was an implied right to privacy in the Bill of Rights. Griswold then paved the way for the 1973 Roe decision on federal abortion rights.
That is part of why this is such a momentous ruling because so many of the states surrounding South Carolina are restrictive states, and already we have seen an enormous number of patients flowing in from those states. What this means is that people who are able to afford to be able to travel will be able to access care.The South Carolina decision is based on the South Carolina Constitution, so it's a matter of state law.
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