If the court’s answer to that question is no—effectively providing states a way to limit public funding for abortion—it would put a significant dent in taxpayer funding for Planned Parenthood. In 2022-2023 alone, the abortion giant cleared almost $700 million, with most payments, a result of Medicaid reimbursements.
Planned Parenthood affiliates provide medical services to low-income individuals through state Medicaid programs. In 2018, South Carolina Gov. Henry McMaster ordered the state’s Department of Health and Human Services to bar abortion clinics from participating in the Medicaid program, explaining that the “payment of taxpayer funds to abortion clinics, for any purpose, results in the subsidy of abortion and the denial of the right to life.”
However, South Carolina’s Health and Human Services department informed Planned Parenthood that the agency could receive the funding again if it stopped providing abortions.
The Planned Parenthood affiliate and one of its patients thereafter sued under 42 USC. § 1983—a statute that gives an individual the right to sue state government employees and others acting “under color of state law” for civil rights violations. Both Planned Parenthood and its patient invoked the “any qualified provider” provision of the Medicaid Act, which states: “any individual eligible for medical assistance … may obtain such assistance from any institution” that is “qualified to perform the … services required.”
The US Court of Appeals for the 4th Circuit held that this provision does confer a privately enforceable right under Section 1983, and that Planned Parenthood was, according to the terms of the Medicaid Act, a “qualified provider.”
The Director of the South Carolina Department of Health and Human Services disagreed and appealed to the Supreme Court, arguing in its petition for review that in finding a private right of action under the Medicaid Act, federal courts “have wrongly subjected states to private lawsuits Congress never intended.”
WALK BY FAITH, NOT BY SIGHT, ARMOR UP DAILY & PUT YOUR WHOLE TRUST IN GOD, NOT MAN!!!!!
Please Pray for President Trump, his family, America, my hubs, and me!
God Bless You and Your Families!
Love,
Please think about donating below.