The U.S. Supreme Court announced Wednesday that it will hear Kerr v. Planned Parenthood South Atlantic, a landmark case that could determine whether states can redirect Medicaid funds away from abortion providers like Planned Parenthood.
The case, which challenges the use of taxpayer dollars for facilities that perform abortions, has significant implications for pro-life states seeking to restrict funding to organizations involved in abortion services.
The case originated after South Carolina’s Department of Health and Human Services decided that Planned Parenthood did not qualify as a Medicaid provider under state rules.
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A federal district court later mandated the state to restore funding, a decision upheld by the 4th Circuit Court of Appeals. Attorneys from the Alliance Defending Freedom (ADF), representing South Carolina health officials, are now appealing to the Supreme Court.
“Taxpayer dollars should never be used to fund facilities that make a profit off abortion,” said John Bursch, ADF Senior Counsel and Vice President of Appellate Advocacy. “Pro-life states like South Carolina should have the authority to ensure Medicaid funds are directed toward providers that align with their values and policies. The Medicaid Act does not grant recipients the right to challenge a state’s decision about provider qualifications.”
The dispute centers on whether federal law allows Medicaid recipients to sue states over their decisions about qualified providers. The ADF argues that the Medicaid Act does not create a private right for such challenges and has asked the Supreme Court to affirm states’ authority in this matter.
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The Supreme Court previously sent the case back to the 4th Circuit after its decision in Health and Hospital Corporation of Marion County v. Talevski, which addressed Medicaid disputes. However, the 4th Circuit reaffirmed its earlier ruling against South Carolina, leading to a renewed petition to the Supreme Court.
The outcome of this case could shape how Medicaid funds are allocated nationwide, especially in states with pro-life policies. If the court rules in favor of South Carolina, it could pave the way for other states to exclude abortion providers from Medicaid programs without facing legal challenges.
The decision to hear Kerr v. Planned Parenthood South Atlantic comes amid ongoing debates over the use of public funds for abortion services. Advocates on both sides of the issue are closely watching the case, which is expected to have far-reaching consequences.
The Supreme Court is scheduled to hear arguments in the case in the coming months, with a decision likely to follow later in 2025.
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