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Supreme Court gets ready to decide if abortion providers can be denied Medicaid dollars

Planned Parenthood should not be using taxpayer dollars for political advocacy, abortions and providing gender transition drugs to minors, according to the lawyer who will make the case to the Supreme Court next month to remove the abortion provider from Medicaid benefits.

John Bursch, senior counsel with Alliance Defending Freedom, will argue before the Supreme Court on April 2 to defend South Carolina’s 2018 move to eliminate Medicaid dollars going to abortion clinics.

Planned Parenthood is the nation’s largest abortion provider.

Mr. Bursch said states have tried to end public funding of Planned Parenthood over questions about the cleanliness of the facilities, medical malpractice and the alleged sale of fetal body parts.

He said the organization has also been giving gender transition medication to minors.

“There are lots of reasons to disqualify Planned Parenthood,” he said.

Planned Parenthood South Atlantic, with offices in North Carolina, South Carolina, Virginia and West Virginia, along with a Medicaid client, challenged South Carolina’s decision to eliminate Planned Parenthood from access under the Medicaid Act. They said the law gives Medicaid recipients the ability to choose their provider.

The lower court sided with them and against South Carolina, prompting the appeal to the high court.

At least four justices voted to hear the dispute and review the lower court’s ruling.

Alliance Defending Freedom is helping defend South Carolina’s Health and Human Services director, Eunice Medina, in the legal battle.

Mr. Bursch said Medicaid recipients should go to clinics that provide actual healthcare instead of a focus on abortion services and birth control options.

“The public, in large part, thinks that Planned Parenthood is a dependable healthcare provider and that is really not the case. Planned Parenthood brags about the fact that it is often the nation’s leading abortion provider year after year. They are now bragging they are the second greatest provider of these gender transitioning drugs for our young people and people don’t know that,” he said.

“And they also don’t know that Planned Parenthood isn’t providing mammograms. They are not providing prenatal care. The percentage of cases where they refer a woman out for an adoption has fallen dramatically over the years. The Planned Parenthood of today is very different from the one people remember from 30 years ago.”

Several states have tried to divert tax dollars away from Planned Parenthood through the Medicaid Act, but lower courts have ruled differently on the issue. Two appeals courts have sided with the states, while five have sided with Planned Parenthood.

A win for South Carolina in this pending legal battle would clear a path for states to finally move to defund Planned Parenthood.

A spokesperson from Planned Parenthood did not respond to a request for comment.

In legal filing, lawyers for Planned Parenthood South Atlantic said it provides “essential medical care” to low-income individuals through state Medicaid programs like South Carolina.

The organization said the Medicaid Act does not allow a state to terminate Planned Parenthood from the Medicaid program.

“It gives an individual covered by Medicaid the right to obtain care from any qualified and willing provider,” its filing read. “The record establishes that [Planned Parenthood South Atlantic] is a qualified and willing provider.”

More than 72 million people are enrolled in Medicaid, according to court records.

The case is Medina v. Planned Parenthood South Atlantic.

A decision is expected from the high court at the end of June.

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