ACLJ Files Amicus Brief Urging Supreme Court to Hear Case Involving State’s Decision to Defund Planned Parenthood by Disqualifying It as a Medicaid Service Provider | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Urging Supreme Court to Hear Case Defunding Planned Parenthood

By Laura Hernandez1588195605822

Today, the ACLJ filed a friend-of-the-court brief with the Supreme Court in Baker v. Edwards (formerly Baker v. Planned Parenthood). This is an important case that could have a dramatic impact on the ability of the states to stop the flow of taxpayer dollars to Planned Parenthood – the nation’s largest abortion provider.

In a case raising identical issues in 2018, the Court declined to hear the case over the dissent of three Justices.  Under the Court’s rules, four Justices must vote to hear a case. It is likely those three dissenting Justices will again vote to hear the Baker case. We are hopeful that this time, a fourth Justice will see the importance of granting review and cast the necessary vote.

As we explained earlier, this case arose after South Carolina’s governor, Henry McMaster, issued an executive order directing the South Carolina Department of Health & Human Services (DHHS) to deem abortion clinics unqualified to receive Medicaid funding. Planned Parenthood and an individual plaintiff immediately sued in federal court, challenging the State’s decision. The district court enjoined the executive order and the Fourth Circuit Court of Appeals affirmed. South Carolina sought review in the Supreme Court.

Our brief argues that the Court should hear the case because the Fourth Circuit wrongly read the Medicaid Act to grant private citizens the right to sue the states over their disqualification of Medicare providers. Congress did not authorize any such right. As we explained:

The Fourth Circuit’s reading into § 1396a(a)(23) of a § 1983 right of action constitutes a double assault on the states’ power, as independent sovereigns, to adopt valid policies reflecting the values of their citizens.  First, the court exposed the states within its jurisdiction to the specter of legal assault by potentially countless Medicaid recipients. Second, the court effectively granted nullification power to providers and aid recipients over state fiscal policy in a sensitive area of state concern – taxpayer subsidization of Planned Parenthood.

We argued further that there is nothing in the statute indicating that Congress intended to limit South Carolina’s sovereign authority to ensure that taxpayer funds do not subsidize Planned Parenthood.

This is a very important case that could strike a devastating blow against the abortion purveyor. If the Court grants review, we will, with your continued support, continue the fight against taxpayer subsidization of Planned Parenthood.

Defeat Planned Parenthood at the Supreme Court

Pro Life  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

We're aggressively battling at the Supreme Court to defund and defeat the abortion industry. Your gift - of any size - will be DOUBLED to save lives. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
Pro Life

The U.S. Senate Must Reject Xavier Becerra for HHS Secretary

By Jordan Sekulow1614974944751

It’s time for the U.S. Senate to do the right thing. It’s time for the U.S. Senate to insist on an HHS Secretary who is qualified to lead us out of the ongoing pandemic. It’s time for the U.S. Senate to do the work of the American people rather than play another political game of pandering to the...

read more

Brief Filed Urging Supreme Court To Protect Against “Cancel Culture”

By Laura Hernandez1614701049567

Hardly a day goes by that there isn’t another news story about someone suffering harassment or retaliation for their political views. Whether it’s a school firing a teacher for posting social media memes against the Democrat presidential candidate or a major newspaper proclaiming support for...

read more

Supreme Court To Hear Challenge To Rule Blocking Planned Parenthood

By Jordan Sekulow1614265140000

A pro-life rule that we fought for – AND YOU DID TOO – is under attack. When the Department of Health and Human Services (HHS) issued a rule blocking millions of our tax dollars from abortionists, Planned Parenthood stomped away from the program. But with the new Biden Administration in power, the...

read more

ACLJ Urges UN Human Rights Council To Denounce Infanticide Worldwide

By CeCe Heil1614183205574

It’s high time the world takes action to stop the torture of the most defenseless and vulnerable – unborn babies. Over the past year, the majority of the world has agreed to take special precautions in order to protect the “most vulnerable” – specifically the elderly and immunocompromised – who are...

read more