Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—January 5

2023—Although they sharply divide on their reasoning, three justices of the South Carolina supreme court combine (in Planned Parenthood South Atlantic v. South Carolina) to rule that a state law that generally prohibits abortion after the embryo’s heartbeat is detectable (with exceptions for rape, incest, health, and fetal anomaly) violates the state constitutional right to privacy. (In August 2023, the court, by a vote of 4 to 1, will soundly reverse course and hold that a virtually identical heartbeat law enacted in May 2023 does not violate the state constitution.)

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