The right to an abortion in South Carolina is back before the state's highest court as Republicans try to restore a ban that was overturned earlier this year — this time in front of the only state Supreme Court in the nation made up entirely of men.
The case will test the strength of the January ruling. State lawyers must overcome a higher bar after the state Supreme Court recently ordered them to argue why it should overturn the prior ruling. All five justices wrote their own legal explanations for the January decision in an unusual move that the state's lawyers argue left that ruling devoid of any firm precedent.
The new law resembles the 2021 ban that was struck down in January. But Republican lawmakers tweaked it in ways they expect will flip the vote of one justice who more narrowly joined the majority.
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