South Carolina’s 6-week abortion ban can continue for now
Litigation Reports
South Carolina can continue enforcing its six-week abortion ban after a judge on Tuesday denied a request to temporarily block it amid a legal battle that is now headed to the state Supreme Court.
Since the U.S. Supreme Court ended the federal right to the procedure last month, abortion rights advocates in conservative states have turned to state constitutions as they seek to protect abortion access.
Planned Parenthood South Atlantic and other plaintiffs had asked the judge for an injunction while their lawsuit challenging the ban moves through the courts. The lawsuit argues that the law violates the state constitution’s rights to privacy and equal protection.
State lawyers on Tuesday argued the significance of the issues raised and the need for a speedy trial made it necessary for the state Supreme Court to hear the case now.
Circuit Court Judge Casey Manning — who said this case raised the “most fundamentally important constitutional issue” he has seen — agreed and transferred the case. While the judge said Planned Parenthood could seek an injunction there, Planned Parenthood’s attorney Hannah Swanson argued that patients in South Carolina need more urgent action to protect their health and freedom.
South Carolina Deputy Solicitor General Thomas Hydrick on Tuesday argued that voters did not intend to cover abortion rights when they approved the state’s right to privacy in 1971.
Many state restrictions have increased in the South since the Supreme Court last month overturned the federal right to the procedure. A Georgia law banning most abortions once fetal cardiac activity is present — as early as six weeks into a pregnancy — took effect last week.
In contrast to the South Carolina judge’s decision, a Louisiana judge ruled last week that three abortion clinics in that state can continue operating while a lawsuit goes through the courts.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.