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The U.S. Supreme Court on June 26 ruled that South Carolina may stop abortion provider Planned Parenthood from taking part in the state’s Medicaid program.

The majority <a href="https://www.supremecourt.gov/opinions/24pdf/23-1275_e2pg.pdf" target="_blank" rel="nofollow noopener">opinion</a> in the 6–3 decision in Medina v. Planned Parenthood South Atlantic was written by Justice Neil Gorsuch.

The decision reverses a federal appeals court decision that blocked South Carolina from excluding Planned Parenthood.

In the ruling, which was divided along conservative and liberal ideological lines, the court majority held that federal law does not permit health care providers, or patients, to sue a state if it runs afoul of a federal law requiring that Medicaid patients be allowed to use their preferred provider.

Although the case does not center on abortion, it was being closely watched because a ruling in favor could encourage more states to boot the organization from their Medicaid networks. Missouri, Arkansas, Mississippi, and Texas have already removed Planned Parenthood from state Medicaid networks, the organization <a href="https://www.plannedparenthood.org/planned-parenthood-great-rivers/newsroom/press-releases/missouri-legislature-defunds-planned-parenthood-again-despite-courts-ruling-such-action-unconstitutional">reported</a>.

Medicaid is a joint federal–state program that offers health insurance coverage to low-income Americans.

The case comes after the Supreme Court <a href="https://www.theepochtimes.com/us/supreme-court-affirms-right-of-nursing-home-patient-to-sue-the-state-5321033">ruled</a> in a separate appeal, Health and Hospital Corp. of Marion County v. Talevski, in June 2023, that Medicaid enrollees have the right to sue when state officials violate their rights.

The petitioner in the current case, Eunice Medina, is the director of the South Carolina Department of Health and Human Services.

Although the respondent, Planned Parenthood, is a major provider of abortion services, it also offers other services such as birth control and pregnancy testing.

The case goes back to July 2018, when South Carolina Gov. Henry McMaster signed Executive Order 2018-21, affirming that the state “has a strong culture and longstanding tradition of protecting and defending the life and liberty of unborn children.”

The executive order directed state health officials to “deem abortion clinics unqualified to provide family planning services.”

The order also required officials to terminate clinics’ enrollment agreements and deny their enrollment applications in the future.

The directive followed a state law that forbids the use of state funds to support abortions.

The issue in the case at hand is whether “the Medicaid Act’s any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider,” according to the June 2024 <a href="https://www.supremecourt.gov/DocketPDF/23/23-1275/314134/20240603115351724_2024.06.03%20USSC%20Petition%20for%20Writ%20of%20Certiorari.pdf">petition</a>.

Federal courts of appeal disagree on how the provision should be interpreted.

The U.S. Court of Appeals for the Fourth Circuit heard the South Carolina case and, in March 2024, ruled against the state.

In 2018, Planned Parenthood South Atlantic and Julie Edwards, one of the organization’s Medicaid clients, filed a lawsuit in federal district court over South Carolina’s policy, according to the petition.

They argued that the state had violated clients’ right to select a “qualified provider” under federal law.

South Carolina countered by saying that the any-qualified-provider provision “does not unambiguously create a federal right enforceable by providers and individual patients under 42 U.S.C. [Section] 1983”—a federal law that allows individuals to sue the government for civil rights violations.

The district court upheld Edwards’s right to sue South Carolina over the state’s decision not to cover medical treatment that Planned Parenthood might provide to her.

The court also granted Edwards’s request for a preliminary injunction blocking the state policy and did not rule on whether Planned Parenthood was also entitled to the same kind of order.

The Fourth Circuit affirmed the decision, finding that Congress intended “to create an individual right enforceable under [Section] 1983 in the free-choice-of-provider provision” and that the provision “bars states from excluding providers for reasons unrelated to professional competency.”

<em>This is a developing story and will be updated.</em>

<em>From <a href="https://www.theepochtimes.com/us/supreme-court-allows-south-carolinas-medicaid-funding-block-on-planned-parenthood-5867952">The Epoch Times</a></em>

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