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SC H4538
Bill
Status
5/8/2025
Primary Sponsor
Melissa Oremus
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AI Summary
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Prohibits the manufacturing, possession, distribution, mailing, transporting, or delivering of abortion-inducing drugs (including mifepristone, misoprostol, and methotrexate) in South Carolina, with exceptions for medical emergencies, licensed pharmacies, and non-abortion purposes
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Enforcement occurs exclusively through private "qui tam" lawsuits filed by any individual (not government officials), with successful plaintiffs awarded at least $100,000 per violation plus attorney's fees and injunctive relief
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Pregnant women cannot be sued for using or seeking abortion-inducing drugs; exceptions also protect conduct covered by federal law, First Amendment speech, and internet service providers
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Establishes a 6-year statute of limitations for qui tam actions and eliminates most defenses including ignorance of law, reliance on overturned court decisions, and other states' abortion shield laws
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Grants broad sovereign immunity to the state and officials against challenges to the law's validity, while making those who challenge abortion restrictions liable for the prevailing party's legal costs
Legislative Description
Abortion
Last Action
Referred to Committee on Judiciary
5/8/2025