Policy Analysis: The Unborn Child Protection Act

Who is sponsoring this bill (S.C. Bill 323)? 

Senator Richard Cash, a republican representative from Anderson, SC, spoke on the bill for the first time and referred it to the Committee on Medical Affairs. His assignments include education, family and veterans’ services, judiciary, medical affairs and rules ((South Carolina Legislature Online - Member Biography, 2025)). Senator Rex Rice, a republican representative in the Pickens District 2, is the co-sponsor of Bill 323. His committee assignments include correction, penology, education, finance, commerce, industry labor and transportation ((South Carolina Legislature Online - Member Biography, 2025)) 

What problem does this policy address? 

The Unborn Protection Act addresses the issue of abortion by seeking to restrict the procedure after a specific point in fetal development, typically after the detection of a fetal heartbeat (South Carolina General Assembly (2025). This bill aims to protect the life of an unborn child while regulating what happens to a woman’s body, while ultimately putting her life at risk. This act is to limit one’s access to abortions all together. Performing an abortion or receiving one after this bill is passed, may result in jail time. 

What are the major issues surrounding this policy?

The major issues surrounding this bill revolve around protecting fetal life and preserving women’s reproductive rights. One main issue is the restriction of access to abortion even in situations such as incest, rape, and other unfortunate situations. This raises concerns about limiting a woman’s autonomy over their bodies and their ability to make informed medical decisions. This may also be an issue for individuals who do not have access to healthcare, who may not be able to afford prenatal care. 

Who are the people, groups, and organizations particularly interested in these issues and why are they interested?

This bill is detrimental to victims of crimes and does not allow for impregnable women to be in control of their bodies. The cohorts affected by this bill and the advocates who support them are interested in these issues because the bill redefines terms related to pregnancy and abortions such as the definition of contraception. This bill stretches the web of anti-abortion by even making it a felony to have a discussion on abortion and for those who need or have an abortion for medical reasons to be charged as criminals (Valenti, 2025). 

What are the chances these issues will be resolved?

There is no chance this issue will be resolved anytime soon because men, not women, are predominantly in control of the abortion decision and have been since the establishment of the American Medical Association in 1857. Abortion policies have fluctuated over time until 1973 when a woman’s right to have an abortion during the first trimester was settled with Roe v. Wade. After this constitutional right was overturned in 2022, states returned to having the power to decide the fate of a woman at any stage in her pregnancy (Winny, 2022). 

Why is the issue on the public agenda?

This issue is currently on the public agenda because on June 24th, 2022, Roe v. Wade was overturned which opened the door for states to make individual decisions on abortion rights and bans. For example, South Carolina had a “trigger law” set up so that when it was overturned, the “South Carolina Fetal Heartbeat and Protection from Abortion Act” went into effect the same day. The Unborn Child Protection Act (S.C. Bill 323) would do away with the final protections for women in SC who do not want to keep a pregnancy. 

When are issues like it likely to be passed into law?

On May 25th, 2023, Governor Henry McMaster signed the 6 week abortion ban into law. It was blocked initially, but then reinstated on August 23rd, 2023 (Center for Reproductive Rights, 2024). If the Unborn Child Protection Act does not run into any amendment requests or vetoes, and is signed by both the SC House and Senate along with the Governor, it could be signed into law as soon as May 2025 (Circuit Riders, 2025). 

How is the political climate  for their issue—why?

In the political climate for the issue of abortion, some states are trying to ban abortion pills and limit online access, while abortion funds expect more people to need help, even considering travel abroad if national restrictions happen. The future of abortion rights depends on Trump’s decisions and whether public opposition can stop stricter laws. 

What or who is the biggest obstacle for their issue – why?

The biggest obstacle to abortion rights, according to the article, is the growing influence of abortion organizations and lawmakers. (Luthra, 2025). Another obstacle is the absence of US federal protection for abortion has caused significant uncertainty and a disruption in the in-clinic abortion care model. (Godfrey et al., 2025).