Republicans’ war on abortion and Planned Parenthood could wind up curbing Medicaid patients’ health care for things having nothing to do with abortion — such as cancer screenings, blood work and annual physicals. Whether that happens could become clearer at a Supreme Court hearing Wednesday, which coincides with the broader GOP push for Medicaid cuts nationwide.
The technical legal issue before the justices deals with whether people who use the low-income assistance program can choose their providers and sue to enforce their rights.
The case started before the Supreme Court’s GOP-appointed majority overturned federal abortion rights in 2022. Four years earlier, South Carolina’s Republican governor, Henry McMaster, had sought to bar abortion clinics from Medicaid participation, and the state told Planned Parenthood that it could no longer service Medicaid beneficiaries.
That raised legal questions under part of the federal Medicaid Act known as the “free choice of provider” provision, which says states must let anyone eligible for assistance obtain the care from any “qualified” provider.
A federal appeals court panel ruled against the state last year, reasoning that the provision “specifies an entitlement given to each Medicaid beneficiary: to choose one’s preferred qualified provider without state interference.”
In a decision written by Reagan appointee J. Harvie Wilkinson, the panel stressed that its ruling was about not abortion but rather “whether Congress conferred an individually enforceable right for Medicaid beneficiaries to freely choose their healthcare provider.”
Wilkinson noted that if Planned Parenthood clinics were to close in South Carolina, “other Medicaid-funded clinics in the state would be more hard-pressed to meet the demand in family planning care.” Siding with the provider and a woman insured through Medicaid who wanted to go there, the judge said that’s “precisely the prospect Congress wished to avoid.”
The state appealed to the Supreme Court, represented by the Christian legal group Alliance Defending Freedom, which litigates abortion and other issues aligned with Republican policies. In its high court petition, the state called the issue one of “great national importance.” The justices granted review and set oral argument for Wednesday. The Trump administration supports the state.
Among Planned Parenthood’s backers are Medicaid beneficiaries who told the justices in an amicus brief that they rely on the provider for health care services having nothing to do with abortion, “including annual physicals, blood work, screenings for various forms of cancer, infertility and prenatal services — indeed, some patients rely on Planned Parenthood for virtually all their healthcare needs.” They wrote that their experiences show “just how important it is that the courthouse door remain open when States attempt to bar patients insured by Medicaid from seeking care from the qualified provider of their choice.” A decision in the case, known as Medina v. Planned Parenthood South Atlantic, is expected by July, when the court typically finishes issuing the term’s rulings. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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