BETHLEHEM, Pa. — Abortion rights proponents and opponents reacted swiftly to a state Supreme Court ruling Monday that a lower appellate court must decide whether Medicaid should cover abortions across the state.
The ruling is in regard to abortions beyond the reasons already covered, which include in the case of rape, incest or when the mother’s life is at risk.
The decision does not guarantee the right to abortion in the Pennsylvania Constitution or decide whether Medicaid funds will and can be used in the case of an abortion outside of the previous stated circumstances.
“The court gave our clients an enormous victory this morning. We are still determining next steps, but we are confident the Medicaid abortion ban will be consigned to the scrapheap of history very soon.”Susan Frietsche, co-executive director of the Women’s Law Project
“This is very, very good news for people who support abortion rights, for people who support health equity," said Susan Frietsche, co-executive director of the Women’s Law Project.
"We're just very, very pleased that we have a chance to prove our case, as this case moves forward. We are still determining next steps, but we are confident the Medicaid abortion ban will be consigned to the scrapheap of history very soon.”
The Women's Law Project is a nonprofit state based legal advocacy organization that advocates for the rights and well-being of women, girls and LGBTQ people.
Frietsche was among three who argued the case, Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, before the state Supreme Court.
She was joined by constitutional law professor David S. Cohen and attorney Christine Castro of the Women’s Law Project.
Opens door for challenges
Monday’s decision opened the door for abortion providers to challenge a previous law limiting the use of Medicaid for abortions.
"What the lower court had said before is that they didn't even think we should get a right to go to trial on it," Frietsche said.
"What the Supreme Court said this morning was we have the right to do that, and that the state constitution does, indeed, require that if Pennsylvania is going to be funding services for men, that they must also fund equitably medical services that women need, and that if we can prove that that is the case, then then we have a right to do that."
The majority in the 3-2 vote said that prior court decisions did not fully consider the breadth of state constitutional protections against discrimination.
Abortion providers, such as Planned Parenthood, argued that the previous law discriminated against poor women.
“Today’s decision is a landmark victory for reproductive freedom."Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America
“Today’s decision is a landmark victory for reproductive freedom,” said Alexis McGill Johnson, chief executive officer of the Planned Parenthood Federation of America.
“With abortion under attack across the country, Pennsylvania continues to be a beacon of hope. Planned Parenthood Federation of America applauds the advocates and providers, including our Pennsylvania affiliates, who fought tirelessly for this win.”
While pro-choice advocates saw the ruling as a win, anti-abortion advocates said they hope the lower courts will uphold the previous law.
“We'd like to see the lower court resist the urge to pass a ruling which would ensure taxpayer funding of abortion."Maria Gallagher, legislative director, Pennsylvania pro life Federation
“We'd like to see the lower court resist the urge to pass a ruling that would ensure taxpayer funding of abortion,” said Maria Gallagher, legislative director for the Pennsylvania Pro-Life Federation.
“We don't think Pennsylvania is ready for full-scale taxpayer funding of abortion and we think that taxpayers are very cognizant of the fact that their tax dollars should not be used to pay for the taking of an innocent human life.”
The Pennsylvania Pro-life Federation is the Keystone State affiliate of National Right To Life. Its mission surrounds issues of abortion, infanticide, euthanasia, and stem cell research, as well as assisted suicide.
Politicians take sides
Politicians on both sides of the aisle also weighed in with statements.
“The Pennsylvania Supreme Court once again affirmed that abortion is guaranteed by the Pennsylvania Constitution," the Democratic Legislative Campaign Committee said in a statement.
"Pennsylvania’s Abortion Control Act is the gold standard for a middle ground and compromise over reproductive rights law."State House Republican Leader Rep. Bryan Cutler
But the committee said that "while this ruling is a momentous win for Pennsylvania and underscores the effort and investment put into the state supreme court race last year," it said abortion rights could still be targeted if Republicans win a special Feb. 13 state House election in the 140th District in Bucks County "and take full control of the Legislature.”
State House Republican Leader Rep. Bryan Cutler, R-Lancaster, said the court ”overstep[ed] its authority and change[d] well-settled law.”
"Pennsylvania’s Abortion Control Act is the gold standard for a middle ground and compromise over reproductive rights law," Cutler said.
"It was passed with bipartisan support and signed by a Democratic governor. The court opening this law does nothing but further the divide over such a sensitive topic and will only lead to more mischief and bad faith where lawmakers and other elected officials should be leading with respect and understanding.”
