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HARRISBURG, Pa. - A Pennsylvania court ruled Monday that the state constitution guarantees a right to abortion, striking down a decades-old law that banned the use of state Medicaid funds to cover abortion costs, according to the Associated Press.
Court rules on Medicaid funding for abortions
What we know:
The ruling by a divided seven-judge panel of the Commonwealth Court marks the first time Pennsylvania’s constitution has been found to protect the right to an abortion, according to the Associated Press.
The decision is a major victory for Planned Parenthood and abortion clinic operators who sued the state in 2019 over Medicaid funding restrictions, according to the Associated Press.
The case began in 2019 when plaintiffs argued that a 1982 law restricting Medicaid funding for abortions violated the constitutional equal protection rights of low-income women, according to the Associated Press.
Why you should care:
The court’s decision means Pennsylvania joins a handful of states where abortion access is protected through state constitutions, according to the Associated Press.
The ruling could impact how abortion services are funded for low-income residents and may influence similar legal efforts in other states, according to the Associated Press.
The majority opinion said the state should invest in maternal and infant health care and other resources if it wants women to carry pregnancies to term, according to the Associated Press.
Reactions from both sides
What they're saying:
"Today, our Commonwealth Court, looking at the Pennsylvania constitution, held that there is a right to reproductive autonomy, and it’s the highest possible level of a right," said Susan Frietsche, executive director of the Women's Law Project.
"Pennsylvania’s Commonwealth Court just struck down the state ban on Medicaid coverage for abortion care," said Governor Shapiro. "I’ve long opposed this unconstitutional ban, and as Governor, I did not defend it — because a woman’s ability to access reproductive care should never be determined by her income."
Abortion opponents criticized the ruling.
"By declaring a sweeping constitutional ‘right to reproductive autonomy’ and mandating taxpayer-funded abortion through Medicaid, the court has overstepped its authority, ignored the plain text of our state constitution, and forced millions of Pennsylvanians who believe life begins at conception to subsidize the killing of unborn children," said Michael Geer, president of Pennsylvania Family Institute.
The attorney general’s office is reviewing the decision and has not said whether it will appeal, according to the Associated Press.
Abortion remains legal in Pennsylvania through 23 weeks of pregnancy, according to the Associated Press.
What's next:
The case could still be appealed to Pennsylvania’s Supreme Court, according to the Associated Press.
The attorney general’s office has not disclosed if it will pursue an appeal, according to the Associated Press.
What we don't know:
It is not yet clear if the attorney general’s office will appeal the court’s decision or how quickly Medicaid coverage for abortions will be implemented.
The Source: The Associated Press contributed to this report. Additional information from the Governor’s Press Office.