Josh Shapiro opposes PA’s ban on Medicaid coverage for abortions in court

Gov. Josh Shapiro announced on Tuesday that his administration will not defend in court the commonwealth’s 1985 ban on abortions covered by Medicaid insurance.

Reproductive rights advocates are applauding Gov. Josh Shapiro’s decision to file a notice in Commonwealth Court in a lawsuit challenging Pennsylvania’s ban on Medicaid covered abortions on Tuesday. 

Pennsylvania has had a ban on Medicaid covered abortions since 1985, preventing many low income residents from obtaining the medical procedure. This ban disproportionately affects Black and Brown Pennsylvanians.

Currently, there are 17 other states across the country that allow Medicaid recipients to use their coverage for abortions.

“Abortion is legal in Pennsylvania, laws like the Medicaid ban make it inaccessible for so many. We have long had two systems of reproductive health care access in this state: one for those with means, and another for those without,” Signe Espinoza, Executive Director of Planned Parenthood PA Advocates, said in a statement. 

“Governor Shapiro’s strong, clear stance today shows he’s a champion for everyone’s reproductive health care access. We thank him for seeing this problem that so many have turned a blind eye to, and using the strength of his office and conviction to break the barriers of access.”

Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services challenges the commonwealth’s ban on Medicaid recipients from using their coverage for abortion treatments on the basis that it discriminates on the basis of sex, which is currently prohibited under Pennsylvania’s constitution. 

The lawsuit has been making its way through Pennsylvania’s judicial system since January 2019, and earlier this year, the Pennsylvania Supreme Court overturned a decades old precedent that prevented Medicaid funds from providing abortions and prevented challenges based on sex or gender discrimination. 

The court did not overturn the Medicaid ban, but it ruled that the ban discriminates based on sex and sent the case back to the Commonwealth Court, a state appellate court. The case has to go back through the court system before the Medicaid ban is completely overturned. 

“Today, my Administration is filing notice with Commonwealth Court reaffirming our commitment to equitable access to reproductive health care and advising that the Commonwealth will not defend the current state law banning Medicaid coverage for abortion services,” Shapiro said in a statement. 

“Pennsylvania’s Constitution prohibits discrimination on the basis of sex — and earlier this year, the Pennsylvania Supreme Court ruled … that the current ban on Medicaid coverage for abortion services amounts to sex-based discrimination and sent this issue back to Commonwealth Court. Following this ruling, my Administration today filed notice stating that the current ban imposes a burden on women that is not sustainable, and therefore violates our State Constitution.”