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Pennsylvania Supreme Court Revives Challenge to Medicaid Abortion Ban

The case, brought by abortion providers, could establish a constitutional right to abortion in the state, signaling a potential shift in the legal landscape following the overturning of Roe v Wade.

  • Pennsylvania's Supreme Court ruled that a lower court must hear a case challenging a ban on the use of government-funded healthcare to pay for abortions, overturning a previous decision to dismiss the case.
  • The case, brought by abortion providers, argues that the decades-old state law barring Medicaid from covering abortions violates the broader rights guaranteed by the state constitution’s Equal Rights Amendment.
  • Two of the justices wrote that abortion is a “fundamental right” under Pennsylvania’s constitution, signaling the possibility of a broader ruling if the case makes its way back up to the state’s highest court.
  • Since the US Supreme Court overturned Roe v Wade in 2022, ending the constitutional right to abortion across the country, state courts have been forced to contend with legal questions around access to the procedure.
  • The lower court will now decide the constitutionality of the 1982 law barring the use of Medicaid to pay for abortions.
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