With Supreme Court abortion ruling coming soon, here’s what SC leaders are planning to do
The new leader of the South Carolina House has formed a 12-member bipartisan panel to address the U.S. Supreme Court’s highly-anticipated ruling on abortion rights that includes legislators who’ve worked to further restrict abortion access in the past.
The panel, formed last month by House Speaker Murrell Smith, R-Sumter, will take public testimony and eventually draft legislation to be included in a bill already filed — H. 5399 — that the chamber can debate later if State House leaders should decide to call lawmakers back to Columbia in response to the court’s decision.
Eight committee members are Republicans; four are Democrats.
“I am confident that the members of this committee, after hearing significant input from the citizens of South Carolina, will provide thoughtful and prudent recommendations to myself and the House that will ultimately guide legislative action on this crucial issue in the coming months,” Smith wrote in a letter to the committee, to be chaired by state Rep. John McCravy, R-Greenwood.
In May, POLITICO first reported of a leaked draft opinion that showed a majority on the Supreme Court voted to overturn Roe v. Wade, the landmark case that federally protects a woman’s right to abortion.
Intense debate has ensued around the country about the future of abortion access.
Thirteen states have passed trigger laws — legislation that bans abortions nearly immediately after the Supreme Court’s potential decision to overturn Roe v. Wade. The South Carolina Legislature has the ability to reconvene in the off-session if the Supreme Court votes to overturn Roe v. Wade, per the sine die resolution, which spells out what lawmakers can return to session for after May 12.
Historically, the off session has been limited to passing the budget or addressing the governor’s vetoes, but responding to the pending Supreme Court decision was added as a provision this year.
If Roe v. Wade is overturned, the process to debating new abortion restrictions in the House is expected to be quick with McCravy leading the committee, colleagues said.
“Speaking of Mr. McCravy, … knowing him and his heart, I don’t think it’ll be long,” House Majority Leader Davey Hiott told The State. “If that ruling comes down, I think he’ll call a meeting pretty quick.”
South Carolina abortions are currently restricted to 20 weeks.
A six-week “fetal heartbeat” bill was signed into law last year by Gov. Henry McMaster, but hasn’t been enforced because the courts have blocked it from taking effect.
“I hope we’ll outlaw abortion in the state of South Carolina. I think, at the end of the day, I think that’s the goal of myself,” Hiott said.
A total abortion ban could be on the table in South Carolina.
Top S.C. Republicans like McMaster have signaled support for legislation that doesn’t include exceptions for rape, incest or danger to the mother’s life.
“It’s disturbing how, again, this governor is taking away people’s freedoms,” House Minority Leader Todd Rutherford, D-Richland, told The State Tuesday. “Even if they’re the victim of a rape or victim of incest, they should have no right? That should be disturbing to everyone across this state.”
Thousands of women in South Carolina will be unable to get an abortion if a total abortion ban is passed.
In 2019, 5,101 abortions were performed in the state, according to a South Carolina Department of Health and Environmental Control report.
Reporting intern Stephen Pastis contributed to this report.
This story was originally published June 8, 2022 at 12:10 PM with the headline "With Supreme Court abortion ruling coming soon, here’s what SC leaders are planning to do."
