SC governor appealing injunction against fetal heartbeat bill
COLUMBIA, S.C. (WCSC) - Gov. Henry McMaster and others filed their opening brief in an appeal of a federal court’s injunction blocking the state’s fetal heartbeat bill.
McMaster, along with other defendants, appealed the injunction order to the U.S. Court of Appeals for the Fourth Circuit Court on April 2. The opening brief of that appeal was filed Wednesday.
The appeal is challenging the order on two primary grounds and requests the order be reversed and the U.S. Fourth Circuit Court of Appeals remand the case for dismissal.
The groups argue argue the plaintiffs lack “both third-party constitutional standing and statutory standing necessary to bring suit against the law” and that the federal district court disregarded the law’s severability clause and erroneously imposed “its own views of the act’s purposes.”
“While the U.S. Supreme Court’s decision to hear the case related to Mississippi’s law offers great hope and promise for protecting the lives of the unborn, we must defend South Carolina’s Fetal Heartbeat Act against every challenge at every level,” McMaster said. “As I’ve said before, the right to life is the most precious of rights and the most fragile. We must never let it be taken for granted or taken away. And we must protect life at every opportunity, regardless of cost or inconvenience.”
McMaster signed the South Carolina Fetal Heartbeat and Protection from Abortion Act into law on Feb. 18. Two groups filed a lawsuit asking a court to prevent its enforcement that same day.
On Feb. 19, a federal district court issued a temporary restraining order blocking the law and then extended it on March 5.
The court then issued the preliminary injunction on March 19.
The new filing is below:
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