(A) A court judgment or order suspending enforcement of any provision of this chapter is not to be regarded as tantamount to repeal of that provision.
(B) If the United States Supreme Court issues a decision overruling Roe v. Wade, 410 U.S. 113 (1973), any other court issues an order or judgment restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, or an amendment is ratified to the Constitution of the United States restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, then the Attorney General may apply to the pertinent state or federal court for either or both of the following:
(1) a declaration that any one or more of the statutory provisions specified in subsection (A) are constitutional; or
(2) a judgment or order lifting an injunction against the enforcement of any one or more of the statutory provisions specified in subsection (A).
(C) If the Attorney General fails to apply for relief pursuant to subsection (B) within a thirty-day period after an event described in that subsection occurs, then any solicitor may apply to the appropriate state or federal court for such relief.
HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.
Validity
For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).
Structure South Carolina Code of Laws
Section 44-41-10. Definitions.
Section 44-41-20. Legal Abortions.
Section 44-41-30. Persons from whom consent is required.
Section 44-41-33. Court order granting or denying minor right to obtain abortion.
Section 44-41-35. Failure to obtain required consent.
Section 44-41-40. Certain hospitals or clinics may refuse to perform abortions.
Section 44-41-60. Abortions must be reported.
Section 44-41-75. Licensing of certain abortion facilities; regulations.
Section 44-41-80. Performing or soliciting unlawful abortion; testimony of woman may be compelled.
Section 44-41-310. Short title.
Section 44-41-320. Definitions.
Section 44-41-340. Publication of materials regarding available assistance.
Section 44-41-350. Penalties for noncompliance with this article.
Section 44-41-360. Preservation of anonymity of woman having abortion.
Section 44-41-370. Applicability of article.
Section 44-41-380. Severability of provisions of article.
Section 44-41-410. Short title.
Section 44-41-420. Legislative findings.
Section 44-41-430. Definitions.
Section 44-41-440. Determination of probable post-fertilization age of unborn child.
Section 44-41-470. Penalties for noncompliance with Sections 44-41-440 and 44-41-450.
Section 44-41-480. Construction against implicit repeal of existing law.
Section 44-41-610. Definitions.
Section 44-41-620. Effect of court judgment or order; enforcement.
Section 44-41-640. Abortion provider shall make fetal heartbeat audible for pregnant woman to hear.
Section 44-41-650. Determination of detectable fetal heartbeat prior to abortion; penalties.
Section 44-41-660. Exception for medical emergency; written notations in medical records.
Section 44-41-670. No violation of Section 44-41-650 if no fetal heartbeat detected.
Section 44-41-700. No violation of Section 44-41-680 if no fetal heartbeat detected.
Section 44-41-710. Construction and application of article.
Section 44-41-720. Contraceptives not affected by this article.