The Supreme Court has agreed to review a case addressing whether taxpayer funding can be directed toward abortion providers like Planned Parenthood.
The case centers on South Carolina’s decision to bar Planned Parenthood from receiving Medicaid funds. In 2018, Planned Parenthood sued Carolina after it determined that abortion clinics were “unqualified” to provide services under Medicaid. The organization argued that this decision was in violation of federal law, arguing that the the Medicaid program guarantees patients the right to select any “qualified provider” for non-abortion medical services. South Carolina countered that Medicaid does not grant an unconditional right to choose any provider.
The Fourth Circuit Court of Appeals ruled in favor of Planned Parenthood, aligning with decisions from several other federal appellate courts. However, two appeals courts have ruled differently, creating a legal divide that the Supreme Court will now seek to resolve.
This piece first appeared at TPUSA.
The case follows significant changes in abortion laws in recent years, including the Supreme Court’s 2022 decision to overturn Roe v. Wade. Since the 2018 lawsuit, South Carolina has also passed a six-week abortion ban.
Alliance Defending Freedom (ADF) is representing South Carolina officials in the case. ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch issued a statement emphasizing the state’s right to determine how taxpayer funds are used.
“Taxpayer dollars should never be used to fund facilities that make a profit off abortion,” Bursch said. “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.”