Court Paves Way for States to Defund Planned Parenthood Via Medicaid
On Thursday, the Supreme Court said that U.S. states can stop Planned Parenthood, the country's largest abortion provider, from getting Medicaid money for health services, including birth control and cancer screenings, according to reports.
Justice Neil Gorsuch (R) wrote the 6-3 judgment, which was supported by the other conservatives on the court. It wasn't directly about abortion, but it comes at a time when Republicans are supporting a larger effort across the country to cut funding for the organization. Patient lawsuits are Planned Parenthood's main way to preserve Medicaid funding, and this shuts that door.
The justices said that even while Medicaid law lets consumers choose their own provider, that doesn't mean they have a right that can be enforced in court. The court was divided along ideological lines, with three liberals disagreeing in the South Carolina case.
Planned Parenthood said that Medicaid consumers go there for other purposes since it can be hard to find a doctor who accepts the publicly financed insurance.
In 2018, South Carolina Gov. Henry McMaster (R), tried to shut off Medicaid funding, but a patient named Julie Edwards sued him in court to stop him. Edwards wanted to keep going to Planned Parenthood for birth control since her diabetes made pregnancy dangerous. Edwards sued because Medicaid legislation lets individuals pick their own qualified provider.
Some right-leaning South Carolina legislators said that patients shouldn't be permitted to launch these kinds of claims. The state's legislature cited precedents from lower courts, allowing Texas and other states to take action against Planned Parenthood.
The majority of the top court concurred.
Gorsuch wrote, “Deciding whether to permit private enforcement poses delicate policy questions involving competing costs and benefits—decisions for elected representatives, not judges.”
He said that if coverage is denied, patients can appeal through various administrative processes.
In a statement, McMaster claimed that his state had "taken a stand to protect the sanctity of life and defend South Carolina's authority and values." He went on to say that "today, we are finally victorious."
Harrison Fields, a spokesman for the White House, said the judgment was "a major victory for common sense" and that it backs up the Republican president's view that states should decide abortion policy.
Justice Ketanji Brown Jackson (D), along with her liberal colleagues, warned in a dissent that the verdict is "likely to cause real harm to real people."
She wrote “It will strip those South Carolinians—and countless other Medicaid recipients around the country—of a deeply personal freedom: the ‘ability to decide who treats us at our most vulnerable.’”
Planned Parenthood leaders claimed the choice will make it harder for 1 million South Carolina Medicaid recipients to get services, including preventive screenings. She said the state didn't say that Planned Parenthood wasn't delivering enough care; instead, it was a political choice to cut it off.
Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, stated that other conservative states are likely to follow South Carolina's lead and eliminate funding. This might lead to a "backdoor abortion ban." Eighteen states spoke out in support of South Carolina in the case.
Officials noted that 3.5% of the organization's South Carolina patients who go for services other than abortion or gender-affirming care are on Medicaid. Molly Rivera, a spokesperson for the state, said that South Carolina's Medicaid program hasn't grown; therefore, the reimbursements don't cover the expenses of preventive care.
Vicki Ringer, a spokesperson for the South Carolina branch of Planned Parenthood, stated that the organization will still care for women who need it in South Carolina, but it won't bill the government.
Court documents from the American Cancer Society and other public health groups say that lawsuits are the only true method for people in the U.S. to ensure they can choose their doctor. Up to one-quarter of people in the U.S. utilize Medicaid. Advocates noted that taking away the right to sue could make it harder for people to get health care, especially in rural regions.
Julian Polaris, a lawyer who often advises state programs and health care providers, told the Associated Press that patient lawsuits are a vital way to hold people accountable because regulators "can't possibly monitor all federal requirements in all states at all times." He said that the result makes people wonder if patients can still sue to get medically essential care and eligibility decisions.
Planned Parenthood gets $90,000 in Medicaid money every year from South Carolina. This is a small part of the state's total Medicaid budget. The state made abortion illegal at roughly six weeks of pregnancy after the Supreme Court ruled it was a right across the country in 2022. The conservative Christian legal firm Alliance Defending Freedom, which represented South Carolina officials, said the decision will let the state use Medicaid money for "comprehensive health care" for low-income patients.