With the South Carolina General Assembly out of session, the state Supreme Court took center stage this week, handing down a major abortion ruling and hearing arguments over whether online retailer Amazon owes S.C. taxpayers $277 million in back taxes.
On Wednesday, the court ruled 5-0 that the state’s so-called “fetal heartbeat” law bans abortion six weeks after conception — often before many women know they’re pregnant.
Planned Parenthood South Atlantic argued that, based on the law’s precise wording, the ban shouldn’t take effect until around the ninth week of pregnancy.
But Associate Justice John Few, writing for the court, said any ambiguity was resolved by lawmakers’ repeated statements that they were passing a six-week ban.
“The General Assembly itself debated and discussed the 2023 Act exclusively in terms of a six-week threshold beyond which most abortions may not occur,” Few wrote. “This extensive 2023 legislative history … is decisive.”
Also Wednesday, the justices heard arguments from attorneys for the state and Amazon in a case that could determine whether the retail giant owes $277 million in back taxes and interest on sales made by third-party sellers through its website between April 1, 2016, and Dec. 31, 2019. Amazon has collected and paid S.C. sales taxes on all transactions since a 2020 amendment to state law made the requirement clear.
But the state argued the change simply clarified an existing obligation, rather than imposing a new one — and that the company should have been collecting those taxes from the start.
The case is expected to turn on exactly what role Amazon plays in those transactions: Is it merely an online mall hosting outside businesses, or is it effectively selling the products itself?
Lawyers for Amazon say the nature of the transactions from third-party sellers to individual consumers speak for themselves, while state attorneys say Amazon ultimately controls every aspect of the sale — from product searches and comparisons to purchases, shipping and even refunds.
A ruling is expected later this year.
In other recent news
Lawmakers seek investigation into S.C.’s latest firing squad execution. Two South Carolina legislators have requested an investigation into the state’s firing squad execution last month after lawyers for the inmate said his autopsy showed the shots nearly missed his heart.
Democratic businessman announces campaign to unseat Graham. Greenville businessman Lee Johnson will seek the Democratic nomination for U.S. Senate next year, setting up a partisan contest with incumbent GOP U.S. Sen. Lindsey Graham. “Lindsey Graham built a career for himself,” Johnson says. “I’ve spent my life building for others.”
5 new state laws you need to know about. Gov. Henry McMaster has signed five bills into law since the legislative session ended on May 8. Here’s what you need to know about each of them.
- McMaster signs law expanding red snapper-grouper fishing off S.C. coast.
- Governor vetoes bill regulating food delivery robots in Columbia
S.C. legislations aims to make it easier to crack down those who download child porn. Finding and convicting people downloading child pornography could become easier in South Carolina thanks to a bill that allows the state Attorney General’s Office to subpoena websites and internet providers to locate people suspected of accessing child pornography.
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