Big Case before the Supreme Court: Can states direct Medicaid funds away from abortion providers such as Planned Parenthood?

On Wednesday, the Supreme Court will hear Medina v. Planned Parenthood South Atlantic, a hugely important case that could decide whether South Carolina and potentially other pro-life states can direct Medicaid funds  away from abortion providers such as Planned Parenthood.

The Alliance Defending Freedom (ADF) is representing the director of the South Carolina Department of Health and Human Services. “After South Carolina determined that Planned Parenthood was not qualified to receive taxpayer funding as part of its Medicaid program, a federal district court forced the state to permanently restore Planned Parenthood’s funding. ADF attorneys appealed to the 4th Circuit, which ruled against allowing the state to terminate Planned Parenthood as a qualified Medicaid provider,” according to a press release from ADF.

ADF then asked the Supreme Court to “affirm that the Medicaid Act does not create a private right for Medicaid recipients to challenge a state’s decision that a specific provider like Planned Parenthood is not qualified to receive taxpayer funding.” On December 18, the Supreme Court agreed to consider their petition.

“Taxpayer dollars should never be used to fund facilities that make a profit off abortion,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch. “Pro-life states like South Carolina should be free to determine that Planned Parenthood and other entities that peddle abortion are not qualified to receive taxpayer funding through Medicaid. Congress did not unambiguously create a right for Medicaid recipients to drag states into federal court to challenge those decisions, so no such right exists.”

Adding considerable support, on February 10 the United States government, 18 states, members of Congress, medical practitioners in South Carolina, and pro-life advocates submitted friend-of-the-court briefs.