Written by: Stephanie Sewanyana
On December 18, 2024, the Supreme Court announced that it will review the decision on whether the South Carolina State Health Department may cut funding to Planned Parenthood due to the organization’s stance on performing abortions. The Department also seeks to disqualify Planned Parenthood from providing other non-abortion services to patients on Medicaid. The history of the state’s decision comes from Governor McMaster ordering the Department of Health and Human Services to bar abortion clinics from participating in Medicaid. McMaster previous deemed abortion clinics “unqualified to provide other family planning services under Medicaid.
Ever since the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the Court no longer recognizes a constitutional right to abortion, and the decision of under what conditions, if at all, abortions can be performed is now up to state legislatures to decide. Twenty-three states have attempted to implement total or partial bans on abortion, and courts have barred abortion in six of these states. For example, the South Carolina legislature has passed a “heartbeat law” in the aftermath of Dobbs which outlaws abortion after six weeks of pregnancy with little exceptions.
The Planned Parenthood organization and a patient, Julie Edwards, went on to sue Robert Kerr, head of South Carolina’s Department of Health and Human Services, stating that cutting its funding violated a provision of the Medicaid Act that gives patients the right to choose their healthcare provider. In Kerr v. Edwards, the plaintiffs argue that the governor’s order violated the provision that patients can seek any “qualified” provider, which they believe applies to Planned Parenthood. Alliance Defending Freedom, which is representing Kerr and South Carolina, argues that legislation like the Medicaid law should not be allowed to override a decision of the State because it runs the risk of commandeering the right of states to make decisions on certain policies and how the money is spent. The commandeering argument is especially relevant due to the fact that Medicaid law involves the federal and state governments working in tandem.
A federal district court prevented South Carolina from ending Planned Parenthood’s ability to provide services to Medicaid beneficiaries, but the Circuit Courts are currently divided on whether Congress confers an individually enforceable right for Medicaid beneficiaries to choose whatever healthcare provider they choose.
The case has already been before the Court, but the decision was sent back to the circuit court to decide. The Fourth Circuit decided in Edward’s favor that South Carolina cannot prevent Planned Parenthood from receiving state Medicare funds. Four other federal appeals courts gave similar rulings, but the Fifth and Eight Circuits ruled the opposite. With a split in the circuit courts, it is now up to the Supreme Court to decide on whether the Medicaid Act creates such a right in choosing a healthcare provider. They also argue that increased Medicaid costs could result from letting the Fourth Circuit’s decision stand.
This upcoming decision further illustrates the ongoing struggles between states’ rights and the right individuals have to bodily autonomy that has surrounded the issue of abortion since Roe v. Wade was overturned by Dobbs. Even though the Supreme Court seemingly decided this issue, there are still many individuals and organizations which challenge the rights of states to employ such restrictions on abortions such as the one enacted by South Carolina.
Despite the misconception that they solely provide abortions, Planned Parenthood provides essential health services to many people who may be lower income and cannot access the healthcare system easily. Planned Parenthood offers gynecological and contraceptive care, but also provides screenings for cancer, cholesterol, and high blood pressure. The plaintiff in the Planned Parenthood v. Kerr case has diabetes and would like to continue to utilize the services of Planned Parenthood after initially receiving birth control from the clinic.
The Supreme Court is to hear this case later in the year, with arguments likely beginning in March or April and decision by the summer. No matter the outcome, the Court’s decision will have a lasting impact on how many people access healthcare services including but not exclusively abortion. With many people reliant on Medicaid to access necessary healthcare, taking away that option of provider choice may be detrimental to the quality of care that can be accessed in the future.
Sources:
Amy Howe, Court adds Medicaid lawsuit to docket, SCOTUSblog (December 18, 2024).
Mary Anne Pazanowski, Supreme Court Takes Case on Planned Parenthood Medicaid Coverage, Bloomberg Law (December 18, 2024).
Mabel Felix, et. al, Legal Challenges to State Abortion Bans Since the Dobbs Decision, KFF, (January 20, 2023).
Melissa Quinn, Supreme Court takes up South Carolina’s effort to defund Planned Parenthood, CBS News (December 18, 2024).
Michael Macagnone, Supreme Court to hear case over Planned Parenthood Medicaid funding, Roll Call. (December 18, 2024).
Nina Totenberg, Supreme Court takes up South Carolina’s effort to defund Planned Parenthood, NPR, (December 18, 2024).