U.S. Supreme Court will hear case on South Carolina defunding Planned Parenthood

Washington, D.C. Newsroom, Dec 18, 2024 / 16:50 pm

The United States Supreme Court has agreed to hear a six-year-old case about whether South Carolina can prevent Medicaid funds from covering non-abortion services at Planned Parenthood facilities and other abortion clinics.

On Wednesday, the justices announced they would take the case in their 2024-2025 term. The case stems from a lawsuit Planned Parenthood filed in 2018 after Gov. Henry McMaster blocked abortion clinics from receiving those funds through an executive order.

Under federal law, federal Medicaid funds cannot be used to pay for abortion unless the life of the mother is at risk or the pregnancy results from rape or incest. However, federal law does allow those funds to pay for other services at abortion clinics. The court’s ruling will determine whether states can prevent those funds from covering non-abortion services at those facilities.

“Taxpayer dollars should never fund abortion providers like Planned Parenthood,” McMaster said in a post on X after the court agreed to hear the case. 

“In 2018, I issued an executive order to end this practice in South Carolina,” he added. “I'm confident the U.S. Supreme Court will agree with me that states shouldn't be forced to subsidize abortions.”

The state government has argued that it has the authority to determine which organizations can access the federal funds it receives for family planning services and that it can allocate funds to other organizations that provide family planning services while exempting abortion clinics. The lawsuit filed by Planned Parenthood argues that the state is interfering with a patient’s ability to obtain health care services at "the qualified provider of their choice."

“Taxpayer dollars should never be used to fund facilities that make a profit off abortion,” Alliance Defending Freedom senior counsel John Bursch said in a statement. 

Alliance Defending Freedom lawyers are representing the state’s interests in the lawsuit. 

“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,” Bursch added. “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.”

Jenny Black, president and CEO of Planned Parenthood South Atlantic, said in a statement that “every person should be able to access quality, affordable health care from a provider they trust, no matter their income or insurance status.”

“This case is politics at its worst: anti-abortion politicians using their power to target Planned Parenthood and block people who use Medicaid as their primary form of insurance from getting essential health care like cancer screenings and birth control,” Black said.

In March of 2024, the U.S. Court of Appeals for the 4th Circuit issued a ruling in favor of Planned Parenthood and ordered the state to grant abortion clinics access to those federal funds. Alliance Defending Freedom appealed the ruling to the Supreme Court.