Supreme Court to decide whether states can bar Planned Parenthood from Medicaid

By 
 April 3, 2025

In 2018, South Carolina moved to bar Planned Parenthood and other organizations which operate abortion clinics from participating in Medicaid.

That policy is currently being reviewed by the Supreme Court and could prove to be a disaster for the abortion industry if it is upheld. 

Dispute over right of Medicaid patients to sue

According to Fox News, America's highest judicial body heard oral arguments on Wednesday regarding whether Medicaid patients are permitted to over their choice of a healthcare provider.

The network explained that justices were focused on a provision of the 1965 Medicaid Act, which states that patients have a "free choice of provider" who is "qualified" to provide medical services.

South Carolina maintains that Planned Parenthood is not a qualified entity and disputed claims that patients have a right to sue for access to it.

Both those contentions were met with skepticism from the Supreme Court's Democrat-appointed members, including Justice Sonia Sotomayor.

Clear divisions between conservative and liberal justices

"It seems a little bit odd to think that a problem that motivated Congress to pass this provision was that states were limiting the choices people had," Sotomayor was quoted as saying.

"It seems hard to understand that states didn't understand that they had to give individuals the right to choose a provider," she added.

Justice Elena Kagan offered a similar perspective, saying, "The state has an obligation to ensure that a person... has a right to choose their doctor." She added, "It's impossible to even say the thing without using the word 'right.'"

However, Justice Neil Gorsuch countered by saying, "One can imagine a statute written as an individual benefit that's mandatory on the states but isn't right-creating. I mean, that's an imaginable scenario."

Meanwhile, Justice Samuel Alito at point remarked that it would be "quite extraordinary" to find a right to sue under the Constitution's spending clause.

Governor says his state "stands for the right to life"

Republican South Carolina Gov. Henry McMaster was present for oral arguments, and he told Fox News, "The people in this state do not want their tax money to go to that organization."

"I believe the decision of this court will be that the people of South Carolina have the right to make this decision for themselves, for our state," he continued.

"Other states may make a different decision, but not ours. South Carolina stands for the right to life, and we'll do whatever is necessary to protect that," McMaster added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson