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The U.S. supreme court has ruled 6-3 in favor of the state of South Carolina’s right to prevent federal Medicaid dollars from being used to fund abortion clinics in the Palmetto State.
The Medina v. Planned Parenthood South Atlantic case began when the abortion provider objected to South Carolina governor Henry McMaster‘s executive order (.pdf) instructing the state’s Department of Health and Human Services (SCDHHS) – run by Robby Kerr at the time – to deem abortion clinics “unqualified to provide family planning services” and to “immediately terminate them” from participation in the state’s Medicaid program.
The case, brought by plaintiff Julie Edwards, did not involve abortion directly – but instead claimed the plaintiff had a right to receive gynecological care from the provider of her choice, something McMaster’s order prohibited her from doing via its refusal to fund clinics that perform abortions.
In granting Planned Parenthood’s petition to hear the case, the court clarified that it would rule on “whether the Medicaid Act’s any-qualified provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider.”
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(Click to view)
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McMaster’s order was considered by the supreme court only after it was blocked by the U.S. fourth circuit court of appeals and then remanded back to the lower court “for further consideration.”
In March of 2024, the fourth circuit ruled (.pdf) Medicaid beneficiaries may “freely choose among qualified healthcare providers, of which Planned Parenthood is one.”
This ruling created a rift between federal appellate circuits, with some appellate circuits ruling states are not compelled by the the Medicaid statute’s “Free-Choice-of-Provider Provision” to fund abortionists while others concurred with the fourth circuit.
The U.S. supreme court settled the question, ruling that a stringent test must be applied when considering the creation of enforceable rights in federal statutes.
“To prove an enforceable right, plaintiffs must show the statute ‘clearly and unambiguously’ uses ‘rights-creating terms’ with ‘an unmistakable focus’ on individuals,” justice Neil Gorsuch‘s majority opinion (.pdf) stated.
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“Spending-power statutes are especially unlikely to confer enforceable rights,” Gorsuch added. “Unlike Commerce Clause or other regulatory powers, Congress’s spending authority rests on the ‘Taxing Clause,’ which does not expressly authorize regulating conduct or issuing direct orders to States.”
Gorsuch made it clear that while the court was ruling that the statute as written doesn’t limit how states spend the funds, Congress could change the laws to mandate that states spend the funds as directed.
“If existing remedies prove insufficient, Congress can create new ones,” he wrote. “But balancing enforcement costs and benefits is a policy question for Congress, not courts.”
S.C. attorney general Alan Wilson – who recently launched his bid to succeed McMaster as governor – praised the ruling.
“The Supreme Court just slammed the door on Planned Parenthood’s latest attempt to force its radical agenda through the courts on our state,” Wilson said. “South Carolina, not federal judges or D.C. activist groups, gets to decide how we run our Medicaid program.”
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RELATED | S.C. IS PRO-LIFE, GOP HOUSE LEADERSHIP ISN’T
“This is about who runs South Carolina, our elected leaders, or out-of-state activists and unelected judges,” Wilson added. “We’re glad the Court got it right.”
Kristan Hawkins, president of Students for Life of America and Students for Life Action (SFLA), celebrated the decision and pushed for a federal prohibition on Medicaid funding of abortion clinics.
“Taxpayers should not be forced to support abortion vendors,” Hawkins said. “When it comes to our scarce healthcare resources, the Pro-Life Generation embraces a ‘pro-choice’ model, meaning we ‘choose’ to tell Planned Parenthood to go fund itself.”
Hawkins added that “with this decision in hand, we ask the U.S. Senate to continue this effort in the budget reconciliation process and to put healthcare dollars in the hands of people who do no harm to the least of these.”
Hawkins’ group led the primary election ouster of three of South Carolina’s five “sister senators” – a group of female lawmakers who gained national fame by attempting to block a six-week abortion ban that is now state law.
(Click to view)
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Hawkins has recently criticized S.C. House speaker Murrell Smith Jr. and judiciary committee chairman Weston Newton for refusing to bring state representative John McCravy‘s Human Life Protection Act (H. 3457) up for a vote.
The conservative S.C. Freedom Caucus praised the ruling, but lamented the state’s continued legalization of elective abortions prior to six weeks – as well as lawmakers’ willingness to fund those abortions with tax dollars through the state employee health plan.
“Thousands of babies are still dying from elective abortions in South Carolina every year,” a press release issued by the caucus noted. “That’s more than 40 a week; more than five every day. Even worse, despite this court ruling, many of those elective abortions will still be paid for by tax dollars through the state employee health plan. Members of SCFC and the Family Caucus have introduced budget amendments and several bills to end this tragedy in our state.”
The battle between pro-life hardliners and Republican party leadership is likely to escalate as the 2026 midterm election approaches. Stay tuned to FITSNews for updates.
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ABOUT THE AUTHOR …
(Via: Travis Bell)
Dylan Nolan is the director of special projects at FITSNews. He graduated from the Darla Moore school of business in 2021 with an accounting degree. Got a tip or story idea for Dylan? Email him here. You can also engage him socially @DNolan2000.
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5 comments
As stupid as the propoganda you normally write is, please tell me you did not quote the Freedom Caucus talking about babies. What a bunch of hypocrites.
A victory for rational thought. (un) Planned Parenthood could have been an effective organization in achieving what the name implied they were interested in. Instead, they took Margert Sanger’s racist eugenics programs well beyond even her evil intent. They deserve no more federal support than any other private enterprise.
Spot on!
The “Society to Prevent Parenthood” is the biggest fraud in American history. If there ever were a diabolical regime akin to Hitler on U.S. soil, they are it. Planned Parenthood was “born” out of Magaret Sanger, who believed certain races and “imperfect” people were a scourge on society and should be killed off – killed off out of sight, meaning in the womb.
Let evil fund evil, until we can permanently abolish the largest abortion provider in the country. And eventually they will fall. Congratulations, South Carolina!
Wilson’s quote, “This is about who runs South Carolina, our elected leaders, or out-of-state activists and unelected judges” rings a little hollow when I tried to confirm Kristan Hawkins connection to the state. Not born here. Not educated here. Doesn’t reside here. Doesn’t own property here. Can’t vote here. Maybe Wilson and Hawkins can contribute their enormous “election campaign donation funds and organization’s salaries, assets, and collected donations”—and their time and effort—to all the children that ARE born and then live lives filled with poverty, abuse, and God-knows what else in this world.