Judge rules Pennsylvania taxpayers must fund abortions, for now

A Pennsylvania judge has ruled that the state must allow abortion coverage through its Medicaid program while the state's Supreme Court considers a case to overturn a 1982 ban on taxpayer-funded abortions.

Key Takeaways:

• A Pennsylvania judge has overturned a state ban on Medicaid-funded abortions while a lawsuit against the ban proceeds to the state's Supreme Court.

• The law prohibiting taxpayer-funded abortions had been in place since 1982, and was the subject of a lawsuit filed in 2019.

The Backstory:

In April, the Pennsylvania Commonwealth Court ruled 4-3 that the state's ban on taxpayer-funded abortion is unconstitutional, determining that the state's constitution includes a "right" to abortion. The ruling overturned a 1982 law that had prohibited Medicaid-funded abortions.

In May, Attorney General Dave Sunday filed an appeal in an attempt to uphold the state's law. That appeal automatically placed a temporary stay on the court's decision, maintaining a block on taxpayer-funded abortions.

"My responsibility as Attorney General is to defend the rule of law and defend statutes without interference of personal opinion or political posturing,” he said at the time.

The law was originally challenged by a group of abortion businesses in 2019, who argued that it violated the constitutional equal protection rights of low-income women. In 2021, a seven-judge panel ruled against the abortion businesses and dismissed the case.

However, in 2024, the state's Supreme Court ordered the lower court to reconsider the case, leading to the legal wrangling today.

The Details:

On Wednesday, Commonwealth Court Judge Matthew Wolf ruled that the April decision allowing Medicaid-funded abortions must stand while the Supreme Court considers the case.

"This court has held the coverage exclusion cannot be enforced without violating [constitutional] rights," Wolf said. "Thus, continued enforcement of the coverage exclusion irreparably injures providers and their prospective patients as a matter of our most fundamental law."

Melissa Reed, president and CEO of Planned Parenthood Keystone, issued a statement praising Wolf's ruling.

“For decades, politicians singled out people with low incomes and denied them insurance coverage for abortion care simply because they relied on Medicaid,” Reed said. “Every Pennsylvanian deserves the freedom to make their own health care decisions without financial barriers standing in the way. Regardless of income level or type of insurance, Planned Parenthood Keystone will now be able to provide critical care.”

The Bottom Line:

Maria V. Gallagher, Executive Director of Pennsylvania Pro-Life Federation also issued a statement describing taxpayer-funded abortion "a tragedy of immense proportions."

"Working together, we can reverse course and ensure that unborn lives are protected in Pennsylvania," Gallagher said.