SC’s McMaster says he’d back restrictive abortion bills without exceptions with Roe out
READ MORE
Abortion in South Carolina
In a historial move, the Supreme Court of the U.S. has overturned landmark ruling Roe v. Wade. Read more about what that means for South Carolina abortion laws.
Expand All
S.C. Gov. Henry McMaster said Tuesday that he is willing to call the Legislature back to Columbia for a special session urging that they pass further abortion restrictions without exceptions in the event Roe v. Wade is overturned by the U.S. Supreme Court.
He also said he would sign more restrictive anti-abortion legislation that did not include exceptions, such as rape and incest.
The legislative session ends May 12, but lawmakers are expected to return weeks later to tackle priority legislation that includes negotiating and finalizing the state budget before July 1. To do that, they must pass a what is called a sine die resolution, which outlines what lawmakers can return to session to debate after session officially ends May 12.
It was not immediately clear whether abortion-related legislation would be added to the eventual resolution.
With no sine die resolution on the table, the governor can call the entire General Assembly back to Columbia for a special session. He cannot, however, dictate what they actually debate.
“They could do that (add anti-abortion legislation to the sine die agreement), but if it’s necessary I’ll call them back into session to address the issue,” McMaster told reporters Tuesday.
South Carolina right now bans abortions after 20 weeks into a pregnancy, but lawmakers are seeking to further restrict access.
Last year, McMaster signed a “fetal heartbeat” bill to ban abortions after a heartbeat is detected, usually six weeks into a pregnancy and before most women know they are even pregnant, critics argue.
The six-week ban is currently on hold after a federal court issued an injunction, stopping the law from being enforced.
“The current law, I believe and always have, does not have a basis in the U.S. Constitution, in my opinion, and the opinion of a lot of other people as well,” McMaster said.
McMaster, who is running for reelection this year, told reporters Tuesday that further abortion restrictions should be in place.
McMaster said he would not favor any exceptions to an abortion ban. The South Carolina heartbeat law does include exceptions for rape, incest and to protect the life of the mother.
Lawmakers could soon be faced with making a decision whether to further restrict abortion access if a leaked opinion showing the Supreme Court has five out of nine votes to overturn Roe v. Wade ultimately becomes reality. Such a ruling would leave it up to each state to decide whether abortion is legal within their borders.
The court is deciding a case from Mississippi where lawmakers adopted a 15-week abortion ban.
Whether South Carolina’s heartbeat bill takes effect could depend on how the Supreme Court ruling is written.
“That would depend on what the court says, the way it structures its opinion. I would think yes, but we’ll have to see exactly what the opinion says,” McMaster said. “Something could change or something might not change but once that decision is issued then we’ll know exactly what it is necessary for us to do here in South Carolina.”
This story was originally published May 4, 2022 at 1:51 PM with the headline "SC’s McMaster says he’d back restrictive abortion bills without exceptions with Roe out."
