SC heartbeat abortion ban bill heads to House floor, after Democrats fail to slow it down
South Carolina Democrats proposed a series of amendments to a restrictive “fetal heartbeat” abortion ban bill ranging from stopping the bill from taking effect until the court rules it constitutional to an initiative to arm pregnant parents in a late-game attempt to slow the passage of the bill.
The amendments, designed in some cases to appeal to Republicans, would slow the ultimate passage of the bill, because if the bill is amended in the House, it would have to go back to the Senate to be considered before it would become law.
They are part of a Democratic tactic to slow the progress of the restrictive abortion ban, which Palmetto State Republicans have rushed through the Legislature in record time. The tactic failed Tuesday, however, after House Judiciary Committee members voted 15 to 8 down party lines to send the bill to the House floor.
S.C. Rep. Mandy Kimmons, R-Dorchester, was not present to vote on the bill, and S.C. Rep. Ivory Thigpen, D-Richland, abstained from voting.
The bill, which would require a doctor to perform an ultrasound on patients requesting an abortion and would prohibit them, under threat of a felony charge, from performing one in most cases where a heartbeat is detected, is expected to be taken up on the House floor next week.
It is very likely the bill will pass, and if it does so without any new amendments, it would get sent to S.C. Gov. Henry McMaster’s desk, where the governor will sign it into law.
While Republicans are trying to avoid any new amendments, the procedural move is a crucial part of Democrat’s fight against the bill.
Tuesday, S.C. Rep. Justin Bamberg, D-Bamberg, urged his Republican colleagues to consider changing the bill to address a number of questions left unanswered in the bill.
“The law should be deliberate. The law should be thought out. The law should contain contingencies,” Bamberg said.
For example, part of the bill allows doctors to perform abortions if the health of the mother is at risk but does not allow doctors to perform the abortion if the risk could be caused by the mother herself, such as self harming or threats of suicide. Bamberg questioned why mental health emergencies weren’t considered medical emergencies.
“This language is problem for many reasons. Mental health in the state of South Carolina is something that so many citizens deal with,” Bamberg said.
Bamberg also questioned a part of the bill that would allow county solicitors across the state to apply to represent the state in any legal cases stemming from the legislation if the state attorney general declines to. Bamberg said a county solicitor doesn’t have the authority to represent the entire state.
“That’s a life raft,” Bamberg said. “That’s a political life raft.”
S.C. Rep. John King, D-York, proposed an amendment that would require the state to pay for the medical expenses of a baby that was born because the mother was denied an abortion. Another of his amendments would require the state to pay for the expenses of minor girls denied abortions until they turn 18. Both amendments were tossed with votes down party lines.
S.C. Rep. William Wheeler, D-Lee, put forward an amendment that would stop the bill from taking effect until the U.S. Supreme Court ruled that similar bills passed by other states are constitutional. Many critics of the bill argue that the bill is unconstitutional due to Roe v. Wade, a landmark decision by the high court that protects access to abortion, and other states have had similar bills face lengthy, expensive legal challenges.
Wheeler’s amendment was tossed out with a vote down party lines.
Some of the amendments veered into the absurd.
Bamberg introduced an amendment that would allow the mother and father of the fetus to open carry firearms throughout the pregnancy in order to protect the life of the fetus.
“When we as legislation, write laws and laws are enacted in this state, I think it’s important that laws not simply be lip service,” Bamberg said, adding that if Republicans are focused on protecting life, they should support his amendment.
The amendment was shot down.
With Republicans holding a stronger majority in both chambers, the “fetal heartbeat” abortion ban bill has faced few blockages on its way to becoming law.
The bill passed through the Senate just a few weeks after lawmakers returned to Columbia for session. The bill passed two weeks ago with a vote of 30 to 13, with one Republican, S.C. Rep. Sandy Senn of Charleston, and one Democrat, S.C. Sen. Kent Williams of Marion, crossing party lines.
Most fighting over the bill happened within the Republican ranks, as one group fought hard to include in the bill exceptions for rape, incest and severe fetal anomalies that would result in death. The bill already included exceptions for cases in which a mother’s life or health is at risk.
Some senators argued that it’s not the fetus’ fault if their father committed a crime, but others said the rights of the victim have to be weighed against the rights of the fetus.
Senators eventually agreed to add exceptions for rape, incest and fatal fetal anomalies, but added a provision that would require doctors to report to the local sheriff’s office if a woman asks for an abortion because she is a victim of a crime. Critics argued that this could revictimize women who could be forced to endure police scrutiny, or it could lead to false reporting of sexual assaults.
Democrats and some Republicans also argued that the bill is unconstitutional and would cost taxpayers millions to defend in court. Every other state that has passed similar legislation has faced court injunctions and lengthy, expensive battles.
Anti-abortion activists have said they hope strict abortion bans reach the nation’s highest court. They say the U.S. Supreme Court is now more conservative, after former President Donald Trump added three new justices, and might be open to overturning Roe v. Wade.
The bill is expected to pass the House, and lawmakers are working to quash any amendments from being added to the bill. A new amendment would send the bill back to the Senate, where Democrats could attempt to subvert the bill during debate.
If the bill passes without new amendments, it would go straight to the governor’s desk after the House gives it a third reading. S.C. Gov. Henry McMaster has said he will sign the bill into law.
