The U.S. Supreme Court agreed on Wednesday to hear a case regarding whether South Carolina can eliminate Medicaid funding for Planned Parenthood clinics due to their provision of abortion services. The case, Kerr v. Planned Parenthood South Atlantic, centers on whether Medicaid beneficiaries have the right to choose any qualified provider, as established under federal law.
Medicaid, a federal program providing medical care for low-income individuals, allows beneficiaries to obtain services from any qualified provider. Planned Parenthood clinics in Charleston and Columbia offer various health services, including counseling, physical exams, contraception, and screenings for cancer and sexually transmitted infections. Abortion is banned in South Carolina after six weeks, and federal law prohibits the use of Medicaid funds for abortions except in cases of rape, incest, or life-threatening circumstances.
In 2018, Governor Henry McMaster, a Republican, directed state officials to block Medicaid funds to Planned Parenthood, arguing that taxpayer money used for any services at abortion clinics indirectly supports abortion. Planned Parenthood and a patient seeking contraception challenged the directive, and a federal judge ruled against the state, citing Medicaid’s requirement for free choice of providers.
The case has since navigated complex legal battles. In March 2024, the U.S. Court of Appeals for the Fourth Circuit unanimously upheld the lawsuit, stating that Medicaid beneficiaries have an enforceable right to choose their healthcare providers. Judge J. Harvie Wilkinson III, writing for the panel, emphasized that the case was not about funding abortions but ensuring affordable healthcare options for low-income individuals.
The state, represented by the conservative Christian group Alliance Defending Freedom, petitioned the Supreme Court to intervene. “Taxpayer dollars should never be used to fund facilities that make a profit off abortion,” said John Bursch, an attorney for the group.
Planned Parenthood’s legal team argued that the state’s action was unjustified and violated Medicaid’s provisions. “Planned Parenthood affiliates provide essential medical care to low-income individuals through state Medicaid programs,” their brief stated.
The Supreme Court’s decision in this case could have broad implications for Medicaid beneficiaries and the ability of states to restrict funding for providers based on their association with abortion services. The ruling will determine whether South Carolina’s directive stands or if Medicaid’s free-choice provision remains protected.
