In the ongoing legal saga, South Carolina’s attempt to terminate Medicaid funding for Planned Parenthood faced skepticism from a federal appeals court on Friday. The court, in its second hearing on the matter, seemed inclined to reject the state’s bid to defund the organization, arguing that it would impinge on Medicaid patients’ right to choose their healthcare providers.
The three-judge panel of the 4th U.S. Circuit Court of Appeals revisited the case following a directive from the U.S. Supreme Court, which urged a reevaluation in light of a separate legal decision. The initial ruling had determined that South Carolina’s attempt to bar Medicaid payments to Planned Parenthood violated patients’ rights.
During the hearing, Circuit Judge J. Harvie Wilkinson expressed bewilderment at the state’s strenuous efforts to hinder patient Julie Edwards from receiving care at Planned Parenthood. He contended that the lawsuit could have been avoided by allowing the Medicaid recipient access to the healthcare she sought.
John Bursch of the conservative legal group Alliance Defending Freedom, representing the state, argued that Edwards had over 100 alternative healthcare providers and that no one was being deprived of care.
However, Avi Kupfer of Mayer Brown, presenting Edwards and Planned Parenthood, highlighted the Medicaid statute, emphasizing that it unequivocally granted beneficiaries the right to choose among qualified providers and pursue legal action if this right was violated.
The legal dispute originated in 2018 when Republican Governor Henry McMaster directed officials to terminate Planned Parenthood’s participation in the state’s Medicaid program, effectively excluding abortion providers. The move was blocked by a federal judge in 2019, a decision upheld by the 4th Circuit.
South Carolina, like several other Republican-led states, has pursued measures to restrict abortion since the U.S. Supreme Court’s 2022 decision overturning the 1973 Roe v. Wade ruling.
As the legal battle unfolds, the case of Planned Parenthood South Atlantic v. Robert Kerr continues to be closely watched, reflecting broader debates over reproductive rights and Medicaid funding.
