ADF attorneys represent South Carolina health official in case before high court against Planned Parenthood tax funding.
WASHINGTON – The U.S. Supreme Court agreed Wednesday to hear Kerr v. Planned Parenthood South Atlantic, a case that could decide whether pro-life states like South Carolina can direct Medicaid funds—funds intended to help low-income individuals obtain necessary medical assistance—away from abortion providers like Planned Parenthood.
Alliance Defending Freedom attorneys, on behalf of the director of the South Carolina Department of Health and Human Services, have requested the Supreme Court to review the case after the U.S. Court of Appeals for the 4th Circuit issued a ruling against the state.
Case Name: Kerr v. Planned Parenthood South Atlantic
Alliance Defending Freedom attorneys, on behalf of the director of the South Carolina Department of Health and Human Services, have requested the Supreme Court to consider the case after the U.S. Court of Appeals for the 4th Circuit issued a ruling against the state.
“Taxpayer dollars should never be used to fund facilities [planned parenthood] that make a profit off abortion,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch. “Pro-life states like South Carolina should be free to determine that Planned Parenthood and other entities that peddle abortion are not qualified to receive taxpayer funding through Medicaid. Congress did not unambiguously create a right for Medicaid recipients to drag states into federal court to challenge those decisions, so no such right exists. Applying the Supreme Court’s recent decision in the Talevski case, we expect the court to hold that Congress did not intend to allow federal courts to second guess states’ decisions about which providers are qualified to receive Medicaid funding.”
After South Carolina determined that Planned Parenthood was not qualified to receive taxpayer funding as part of its Medicaid program, a federal district court forced the state to permanently restore Planned Parenthood’s funding. ADF attorneys appealed to the 4th Circuit, which ruled against allowing the state to terminate Planned Parenthood as a qualified Medicaid provider.
ADF lawyers submitted a request to the Supreme Court, urging them to review the case and confirm that the Medicaid Act does not grant Medicaid beneficiaries the right to challenge a state’s decision to deny specific providers, such as Planned Parenthood, taxpayer funding. The Supreme Court accepted the request and remanded the case to the 4th Circuit for further review, following its ruling in Health and Hospital Corporation of Marion County v. Talevski. Despite this, the 4th Circuit once again ruled against South Carolina, leading the lawyers to file another request with the Supreme Court.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
Local News Via - MyrtleBeachSC.com
