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SC abortion ban is political grandstanding at its worst

Democratic U.S. Rep. Joe Cunningham talks to the media at the Park West Recreation Complex Tuesday, Nov. 3, 2020, in Mount Pleasant, S.C. Cunningham is running for South Carolina’s 1st Congressional District. (AP Photo/Mic Smith)
Democratic U.S. Rep. Joe Cunningham talks to the media at the Park West Recreation Complex Tuesday, Nov. 3, 2020, in Mount Pleasant, S.C. Cunningham is running for South Carolina’s 1st Congressional District. (AP Photo/Mic Smith) AP

South Carolina is poised to lead the nation — but not for a reason worth celebrating. If S.1 makes it through the legislature and into law, South Carolina’s abortion laws will be among the nation’s most restrictive and draconian. It is a distinction that will hurt our state’s women, taxpayers, and our reputation.

The so-called “Fetal Heartbeat Bill” would ban abortion once a heartbeat is detected — which can happen as early as six weeks into a pregnancy. This essentially bans all abortions in the state, since many women do not even know that they are pregnant before six weeks. Original versions of the bill made no exceptions for rape or incest, and while legislators have since amended the bill to include such, these “exceptions” still require the doctor to report the abortion to the local sheriff, regardless of whether the victim is ready or willing to press charges.

This sends a clear message to women across the Palmetto State that the overwhelmingly male politicians feel they should have more of a say in making these private, life-changing health care decisions than a woman and her doctor. Passing this bill won’t decrease the number of abortions; it will only decrease the number of safe abortions.

For a party that prides itself on “small government” principles, this is one hell of an overreach, and the consequences will be severe. This bill is blatantly unconstitutional. In fact, a federal judge permanently blocked a similar measure in Georgia, and temporary stops have been placed on measures in Ohio and Tennessee. The unconstitutionality of this bill guarantees that it will be awash in legal challenges almost immediately upon its passage. These inevitable legal challenges will cost South Carolina millions in taxpayer money at a time when state and local governments are facing unprecedented budget shortfalls.

It’s really quite simple. In the middle of a deadly pandemic, should South Carolina spend millions on vaccinating our people and keeping our businesses afloat, or should we spend that money defending a blatantly unconstitutional law in court that we already know will fail, just so a few Upstate politicians have something to tout in their primary campaigns next year? The answer is astoundingly clear to a majority of South Carolinians. Our state has been hit harder per capita by COVID-19 than almost any other state in the country. The fact that the Republican legislature is fast-tracking an abortion ban bill as their first agenda item is all you need to know about the leadership we have in the State House.

This bill will also cost our state jobs. When Georgia passed a similar bill, many businesses ceased their operations in the state, choosing to boycott rather than do business in a state that would enact such extreme laws. If our lawmakers think that South Carolina can escape a similar fate, then I have a beach house to sell them in the Upstate. This is not only bad policy, but bad politics. Our struggling economy cannot afford boycotts. Our tourism industry workers cannot endure higher unemployment and more job insecurity on top of what they’ve faced since last March.

Most importantly, the women of the Palmetto State deserve basic bodily autonomy and the right to make their own medical decisions in consultation with their doctor. During my time in Congress, I heard stories from women across the Lowcountry who told me about how access to full medical care enabled them to lead happier, healthier, and more fulfilled lives. A rising tide lifts all boats, and when women are given full autonomy over their bodies, everyone in our society benefits. Now more than ever, South Carolina needs its state legislators to focus on solutions — not political grandstanding.

Joe Cunningham is a former Congressman from South Carolina’s 1st Congressional District.

This story was originally published February 4, 2021 at 3:30 PM.

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The State
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