Summary
In July 2018, consistent with a state law prohibiting the use of taxpayer funds to pay for abortions, South Carolina’s governor issued an executive order directing the South Carolina Department of Health and Human Services to label abortion facilities unqualified to provide family-planning services through Medicaid—and thus ineligible to receive Medicaid funding. This order was intended to allow the state to direct taxpayer dollars to life-affirming women’s health and family planning clinics that do not perform abortions. In response, Planned Parenthood and one of its clients sued in federal court to have their Medicaid funding restored.
Thankfully, the U.S. Supreme Court’s 6-3 ruling allows states like South Carolina to redirect taxpayer dollars away from abortion facilities like Planned Parenthood. Pro-life states like South Carolina should be able to use taxpayer dollars consistent with their own laws and their own pro-life values. No citizen should be forced to fund entities like Planned Parenthood that profit off of abortion.
Case Timeline
- July 2018: The governor of South Carolina issued an executive order directing the South Carolina Department of Health and Human Services to label abortion facilities enrolled in the Medicaid program as unqualified to provide family-planning services. Two weeks later, Planned Parenthood and one of its individual clients sued. The ensuing case (Planned Parenthood South Atlantic v. Baker) was preliminarily decided in Planned Parenthood’s favor at the district court and the 4th Circuit before being denied review at the Supreme Court.
- September 2020: Based on the 4th Circuit’s ruling, the district court issued a summary judgment in Planned Parenthood’s favor.
- December 2020: The district court issued a permanent injunction preventing Planned Parenthood from being terminated as a qualified Medicaid provider. South Carolina appealed this decision to the 4th Circuit, where ADF Senior Counsel John Bursch argued on behalf of South Carolina.
- March 2022: The 4th Circuit affirmed the lower court’s decision. ADF then appealed to the Supreme Court.
- June 2023: The Supreme Court vacated the 4th Circuit’s decision and remanded the case back to that court to reconsider.
- December 2023: ADF attorneys presented oral argument before the 4th Circuit.
- March 2024: The 4th Circuit ruled in favor of Planned Parenthood.
- June 2024: ADF attorneys again appealed to the Supreme Court.
- December 2024: The Supreme Court announced it would hear the case.
- April 2025: The Supreme Court heard oral arguments in this case.
- June 2025: The Supreme Court issued a decision allowing South Carolina to direct Medicaid funds away from abortion providers, including Planned Parenthood.
