Planned Parenthood sues to block South Carolina abortion ban

Supreme Court News

Planned Parenthood was filing a lawsuit Thursday against a bill that would ban most abortions in South Carolina, effectively stopping the measure from going into effect even as the governor was scheduled to sign it into law at a public statehouse ceremony.

The bill has been one of Republican Gov. Henry McMaster’s chief priorities since he took office in 2017. It is similar to abortion restriction laws that a dozen states have previously passed. All are tied up in court. Federal law, which takes precedence over state law, currently allows abortion.

The House passed its bill by a 79-35 vote Wednesday after hours of emotional testimony from both supporters and opponents, and gave the measure final approval on Thursday. Moments after the second vote Thursday, Planned Parenthood announced that it was filing a lawsuit. The “South Carolina Fetal Heartbeat and Protection from Abortion Act,” like other similar laws currently being challenged, is “blatantly unconstitutional,” said Jenny Black, president and CEO of Planned Parenthood South Atlantic.

Supporters of restrictive abortion laws are trying to get the issue before the U.S. Supreme Court in the hopes that ? with three justices appointed by Republican former President Donald Trump ? the court could overturn Roe v. Wade, the 1973 decision supporting abortion rights. The Supreme Court has previously ruled that abortion is legal until a fetus is viable outside the womb ? months after a heartbeat can be detected, Black noted.

State bills to restrict or ban abortion “are plainly absurd,” Black said. “There is no other way around it.”

South Carolina Attorney General Alan Wilson issued a statement Thursday saying that his office “will vigorously defend this law in court because there is nothing more important than protecting life.”

Planned Parenthood’s lawsuit argues that South Carolina’s new law “is in flagrant violation of nearly five decades of settled Supreme Court precedent.” The suit says a high rate of women, especially African Americans, die during or immediately after childbirth in South Carolina. The abortion ban would fall hardest on low-income women, who wouldn’t be able to travel to a nearby state where abortion is still permitted, the suit says.

Black said the focus on abortion wastes taxpayer money and ignores a host of other important issues such as health care, unequal treatment of women, and education, Black said.

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Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.