Supreme Court rules states can ban Planned Parenthood from Medicaid funding
By Michael Gryboski - Posted at The Christian Post:
The U.S. Supreme Court has ruled that states can ban Planned Parenthood from their Medicaid programs, reversing an earlier appeals court ruling against South Carolina's bid to defund the nation's largest abortion provider.The high court released its opinion in the case of Medina v. Planned Parenthood on Thursday morning, ruling 6-3 that federal law does not stop the Palmetto State from banning abortion providers from Medicaid.
Justice Neil Gorsuch authored the majority opinion, being joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh and Amy Coney Barrett.
"To prove that a statute secures an enforceable right, privilege, or immunity, and does not just provide a benefit or protect an interest, a plaintiff must show that the law in question 'clear[ly] and unambiguous[ly]' uses 'rights-creating terms,'" wrote Gorsuch.
"After announcing that state Medicaid plans must allow individuals to obtain care from any qualified provider, the provision proceeds to carve out various exceptions to that rule. … Neither paragraph [in the statute] uses clear and unambiguous rights-creating language, so neither supports a private suit under [42 United States Code §1983]."
Gorsuch also wrote that there is a "longstanding line between mere benefits and enforceable rights" and that it is up to Congress to provide states with "clear and unambiguous notice of an individually enforceable right."
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