Washington, D.C. — The U.S. Supreme Court heard oral arguments Wednesday in a South Carolina case that would allow states to decide which providers are qualified to receive Medicaid funding.
Attorneys from both sides took to the court floor for roughly two hours.
“The state decides who the providers are, who are qualified, and you get to choose among them,” attorney for South Carolina, John J. Bursch said. “And they [South Carolina] decided that Planned Parenthood was unqualified for many reasons, chiefly because they are the nation’s largest abortion provider.”
Medina v. Planned Parenthood South Atlantic originates from Republican Gov. Henry McMaster’s 2018 executive order declaring abortion clinics “unqualified” to provide cancer screenings, birth control, and other healthcare services to Medicaid patients.
Planned Parenthood and Medicaid patient Julie Edwards sued South Carolina arguing the declaration violates the Medicaid provision that guarantees patients' the ability to select a "qualified provider of their choosing."
“We have what Congress said here, ‘any individual may obtain care from any qualified and willing provider’, if it said, ‘any individual has the right to obtain care from any qualified and willing provider’ it does the same thing,” attorney for Planned Parenthood Nicole Saharsky said. “It’s the exact same effect in terms of placing the limitation on the state.”
Bursch argued the Medicaid provision was meant to represent a mutual understanding between the federal government and the state on coverage requirements, not grant individual’s the right to sue the government.
“It’s easy to cascade and find rights in any provision that mentions individuals and benefits,” Bursch said.
However, Saharsky and several justices raised concerns that ruling in South Carolina’s favor could set the precedent for states to exclude providers from Medicaid funding for any reason they choose.
“You would be depriving thousands of Medicaid recipients’ coverage in a particular state over the fact that an individual has been denied something that the provision says they’re entitled to,” Justice Sonia Sotomayor said.
Planned Parenthood operates two facilities in South Carolina; one in Columbia and another in Charleston. The facilities offer a variety of services to Medicaid patients including cancer screenings, physicals, and pregnancy testing.
Federal law prohibits Medicaid from paying for abortions except in cases of incest, rape, or to save the mother’s life.
The justices are expected to make a decision on the case by the end of the court’s term in late June or early July.