Conservative justices on the U.S. Supreme Court showed support on Wednesday for South Carolina’s attempt to eliminate Medicaid funding for Planned Parenthood, a case that could strengthen efforts by Republican-led states to block public money from the reproductive healthcare provider.
The justices reviewed South Carolina’s appeal of a lower court ruling that prevented the state from defunding Planned Parenthood South Atlantic, the regional affiliate that provides abortion services. With a 6-3 conservative majority, the Court focused on whether Medicaid law explicitly allows beneficiaries to sue to maintain access to any qualified provider.
The debate centered on whether the statute’s language clearly grants individuals the right to take legal action. Conservative attorney John Bursch, representing South Carolina, argued that the law lacks explicit “rights-creating language.” Justice Brett Kavanaugh suggested that clearer wording could prevent unnecessary legal battles, while liberal Justice Elena Kagan countered that the law’s intent is already evident.
South Carolina’s case is backed by former President Donald Trump’s administration. Following the Supreme Court’s 2022 reversal of Roe v. Wade, 12 states have imposed near-total abortion bans, while others, including South Carolina, prohibit the procedure after six weeks of pregnancy.
Planned Parenthood South Atlantic operates clinics in Charleston and Columbia, serving Medicaid patients with cancer screenings, diabetes tests, contraception, and pregnancy-related care. The organization and Medicaid patient Julie Edwards sued in 2018 after Republican Governor Henry McMaster moved to bar abortion providers from participating in the state’s Medicaid program.
A federal judge ruled that Medicaid recipients have the right to sue under an 1871 law protecting individuals from unlawful state actions, and the 4th U.S. Circuit Court of Appeals upheld the ruling. This marks the third time South Carolina’s effort to defund Planned Parenthood has reached the Supreme Court.