Appellate court sets hearing in South Carolina abortion case

Headline Legal News

An appellate court is set to debate a lawsuit challenging South Carolina’s abortion law about a week after the U.S. Supreme Court considers a similar measure in Mississippi.

The 4th U.S. Circuit Court of Appeals has tentatively calendared the South Carolina case for oral arguments the week of Dec. 6, according to an order from the court posted Friday.

Planned Parenthood is suing South Carolina to over the measure, which was signed into law by Republican Gov. Henry McMaster earlier this year and requires doctors to perform ultrasounds to check for a so-called “fetal heartbeat.” If cardiac activity — which can typically be detected about six weeks into pregnancy — is detected, the abortion can only be performed if the pregnancy was caused by rape or incest, or if the mother’s life is in danger.

Opponents have argued many women do not know they are pregnant at six weeks. And, they argue, with such an early deadline, the law gives women little time to consider whether to have an abortion.

Medical experts say the cardiac activity is not an actual heartbeat but rather an initial flutter of electric activity within cells in an embryo. They say the heart doesn’t begin to form until the fetus is at least nine weeks old, and they decry efforts to promote abortion bans by relying on medical inaccuracies.

A judge has blocked South Carolina’s law from going into effect pending the outcome of a challenge to Mississippi’s new abortion law, which the U.S. Supreme Court expects to hear Dec. 1.

Mississippi wants the high court to uphold its ban on most abortions after the 15th week of pregnancy, telling the court it should overrule the landmark Roe v. Wade decision guaranteeing a woman’s right to an abortion and the 1992 decision in Planned Parenthood v. Casey that prevents states from banning abortion before viability.

Related listings

  • Arkansas court: State can’t enforce ban on mask mandates

    Arkansas court: State can’t enforce ban on mask mandates

    Headline Legal News 10/01/2021

    The Arkansas Supreme Court on Thursday said it wouldn’t allow the state to enforce its ban on mask mandates by schools and other government bodies, while lawmakers clashed over efforts to prohibit businesses from requiring employees get the COV...

  • 40-year sentence upheld for man who killed his roommate

    40-year sentence upheld for man who killed his roommate

    Headline Legal News 07/24/2021

    Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed, and strang...

  • Immigrants anxious as they await Court DACA decision

    Immigrants anxious as they await Court DACA decision

    Headline Legal News 06/03/2020

    Reyna Montoya’s hands get sweaty and her throat feels like it’s closing just talking about the anxiety of every Monday this spring.The immigrant rights activist who's shielded from deportation and allowed to legally work in the U.S. under...

Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read