Planned Parenthood sues to block South Carolina abortion ban

Legal Compliance

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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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.