Pennsylvania Supreme Court Orders Review of Law Restricting Medicaid Funding for Abortions
ICARO Media Group
In a significant victory for Planned Parenthood and abortion clinic operators, Pennsylvania's Supreme Court has ruled that a lower court must hear a challenge to the constitutionality of a long-standing state law that limits the use of Medicaid dollars to cover the cost of abortions. The decision has raised hopes among advocates that the state Supreme Court may eventually recognize a right to abortion in Pennsylvania's constitution following the recent overturning of Roe v. Wade by the U.S. Supreme Court.
The 3-2 decision from the state Supreme Court overturns a previous ruling that dismissed the case on procedural grounds and sets aside a 1985 state Supreme Court decision that upheld a law banning the use of state Medicaid funds for abortions, except in cases of rape, incest, or to save the life of the mother.
Alexis McGill Johnson, President, and CEO of Planned Parenthood Federation of America, hailed the decision as a "landmark victory for reproductive freedom." The majority opinion, presented in a 219-page decision, argues that previous court rulings did not fully consider the comprehensive protections against discrimination provided by the state constitution.
The lawsuit, initiated in 2019 by Planned Parenthood and other abortion clinic operators, contends that the 1982 law discriminates against economically disadvantaged women. Signe Espinoza, Executive Director of Planned Parenthood of Pennsylvania's policy arm, expressed satisfaction with the ruling, stating it was the "first step toward ending discriminatory access to care" and reaffirming their commitment to removing barriers to abortion.
However, Republican Representative Bryan Cutler, the Pennsylvania House's Republican floor leader, opposed the lawsuit and accused the state Supreme Court of attempting to exceed its authority and change established laws.
It is essential to note that the ruling does not automatically establish a constitutional right to abortion in Pennsylvania. Abortion remains legal under state law up to 23 weeks of pregnancy. The decision centers around whether the state Medicaid law unjustly singles out a medical procedure sought exclusively by women and discriminates between women choosing to carry a pregnancy to term and those who opt for an abortion. According to the majority opinion, women who decide to have an abortion do not receive government funding for reproductive care, while those who carry to term receive full coverage. The court highlighted that seventeen other states include abortion coverage in their state Medicaid programs.
The Commonwealth Court had previously dismissed the lawsuit, citing the 1985 state Supreme Court decision as binding. However, the majority opinion ordered the lower court to reconsider the case under a more rigorous constitutional standard. Dissenting justices Chief Justice Debra Todd and Justice Sally Mundy argued in their dissent that the 1985 decision was well-considered and preserved the balance of power between the judicial and legislative branches.
Justice Christine Donohue, in one part of the majority opinion, expressed her conviction that the existing structure of Pennsylvania's constitution guarantees a state constitutional right to abortion and reproductive autonomy. Justice David Wecht joined Donohue in that portion of the opinion. Justice Dougherty, while agreeing with Todd and Mundy that the case is not specifically about the right to an abortion, hinted that the issue may be revisited in the future.
Constitutional law professor David S. Cohen, who was involved in arguing the case, acknowledged that a majority of the court did not explicitly recognize a fundamental right to abortion in Pennsylvania. Nevertheless, Cohen expressed optimism, stating that this ruling provides a solid foundation for future advocacy efforts.
The case will undoubtedly continue to be closely monitored as it progresses through the lower court, likely laying the groundwork for further legal challenges related to abortion rights in Pennsylvania.