Pennsylvania Courtroom Forces Taxpayers to Fund Abortions
Pennsylvania’s Commonwealth Court ruled that the state’s Medicaid program must cover elective abortions. In its ruling, the court stated that existing limits on taxpayer funding of abortion violate Pennsylvania’s Equal Rights Amendment. This is a major victory for Planned Parenthood and the abortion facilities that were the plaintiffs in the case.
Indeed, Pennsylvania’s limits on taxpayer funding of abortion have been subject to a great deal of litigation. Pennsylvania’s Medicaid program covered elective abortion for most the 1970s and early 1980s. In 1982, Pennsylvania passed its Abortion Control Act, which among other things prevented taxpayer funding of elective abortion. However, these limits did not take effect until they were upheld by the state’s supreme court in 1985.
Another round of litigation challenging the prohibition started in 2019. In 2021, a lower court ruled that the plaintiffs lacked standing. However, a 2024 decision by the state supreme court overturned the lower court’s ruling. The court determined that previous court decisions did not fully consider the state’s constitutional protections against discrimination beyond those provided by the U.S. Constitution. The case was remanded back to the Commonwealth Court, which issued its decision today.
REACH PRO-LIFE PEOPLE WORLDWIDE! Advertise with LifeNews to reach hundreds of thousands of pro-life readers every week. Contact us today.
Unfortunately, Pennsylvania is likely to join a growing list of states whose state Medicaid programs are covering elective abortion. Indeed, during the past ten years, Illinois, Maine, Rhode Island, Nevada, and Colorado have all started covering abortion through their respective Medicaid programs. Furthermore, a significant body of research shows that Medicaid coverage of abortion increases abortion rates. My research on the Hyde Amendment indicates that if Pennsylvania’s Medicaid program covers elective abortion, it will result in approximately 3,700 more abortions annually in the Keystone State.
Today’s Commonwealth Court decision will almost certainly be appealed to the state’s supreme court. However, five of the seven judges on the Pennsylvania Supreme Court are Democrats, so it is likely that court will uphold the Commonwealth Court’s decision. That said, three state Supreme Court judges are up for reelection in 2027. That might represent the best opportunity for Pennsylvania pro-lifers to stop taxpayer funding of abortion and protect the conscience rights of Keystone State taxpayers.
LifeNews Note: Michael J. New is an Assistant Professor of Practice at The Catholic University of America and a Senior Associate Scholar at the Charlotte Lozier Institute. Follow him on Twitter @Michael_J_New.
