The U.S. Supreme Court will hear Medina v. Planned Parenthood South Atlantic on Wednesday, a case about whether states like South Carolina can disqualify Planned Parenthood from the state’s Medicaid funds. Liberty Counsel filed an amicus brief in the case, as did the federal government, 18 states, pro-life advocates in Congress, and medical professionals across South Carolina. The case could decide a circuit court split and set a legal precedent regarding how much sovereignty a state has over directing federal Medicaid funds. The decision could either allow states to defund and weaken the abortion industry, or require pro-life states to keep subsidizing abortion access. 

Oral Argument will begin on Wednesday, April 2 at 10 a.m. EST. The Supreme Court is expected to make a decision no later than the end of June 2025. 

In pro-life South Carolina, state law prohibits the use of taxpayer dollars to pay for abortions. Medina arose after Governor Henry McMaster signed an executive order in 2018 deeming abortion clinics unqualified to receive state Medicaid funding under the state law. Under the Medicaid Act, states must grant beneficiaries the right to choose “any qualified provider” from a pool of providers the state has deemed qualified. Shortly thereafter, Planned Parenthood South Atlantic and one of its Medicaid clients challenged the executive order claiming the Medicaid Act’s “any qualified provider” language gives clients a right to choose any specific medical provider.

However, according to Liberty Counsel’s amicus brief, Planned Parenthood has been credibly implicated in unethical and illegal profiteering of aborted baby body parts revealed through undercover videos by undercover journalists Sandra Merritt and David Daleiden. This “shadowy proliferation” of fetal tissue trafficking gives states like South Carolina a compelling interest to deem the abortion giant unqualified and keep Medicaid funds from subsidizing these “abhorrent” practices. For example, Texas disqualified Planned Parenthood based on Merritt’s and Daleiden’s work determining it violated federal regulations on fetal tissue research, in which the Fifth Circuit upheld that decision. Liberty Counsel noted that South Carolina’s similar decision to disqualify Planned Parenthood exemplifies the will of the state’s legislature to protect unborn life and that the “any qualified provider” language in the Medicaid Act clearly is not meant to override a state’s pro-life values and policies.

Currently, the U.S. Circuit Courts of Appeals are divided 5-2 with the majority in favor of funding Planned Parenthood by interpreting the Medicaid Act provides a right to choose a specific qualified provider. However, the Fifth and Eighth Circuits found that the Medicaid Act does not confer a federal right to choose just any provider nor does it confer the right to sue states that exclude Planned Parenthood as not qualified for the Medicaid program. 

Liberty Counsel noted the law’s language does not guarantee an individual right to access to any provider willing to participate in Medicaid, and therefore, states are free to disqualify providers that engage in unethical and illegal practices. 

Liberty Counsel represents Sandra Merritt and defended her against criminal and civil charges for exposing the truth about Planned Parenthood. Liberty Counsel recently negotiated a plea deal to end the criminal case with no prison time and no fines for Merritt, which is essentially a complete victory for her in this politically-motivated case.

Liberty Counsel Founder and Chairman Mat Staver said, “States should be permitted to defund abortion. It makes no sense to require states to fund an organization that kills children. Congress did not create a right for individuals to have states pay for their abortions. Taxpayer dollars should never be used to fund abortion or subsidize practices that kill children and harm women.”