U.S. Supreme Court. / Credit: PT Hamilton/Shutterstock

Boston, Mass., Jun 26, 2025 / 14:59 pm (CNA).

Local Planned Parenthood facilities can’t force state governments to give them Medicaid funds through lawsuits because Congress didn’t create an individual right to the benefits, the U.S. Supreme Court decided Thursday.

The 6-3 decision enables states to cut off public funds to abortion providers — including Medicaid funds that come mostly from the federal government.

The court’s decision in Medina v. Planned Parenthood South Atlantic resolves a dispute that began in 2018 after South Carolina Gov. Henry McMaster, a Republican, issued an executive order cutting off funds to the two facilities Planned Parenthood South Atlantic operates in the state, in Charleston and Columbia. The organization sued and won in U.S. District Court level and at the U.S. 4th Circuit Court of Appeals.

The high court’s ruling Thursday overturned those lower-court decisions, pleasing pro-life advocates, including Toledo, Ohio, Bishop Daniel Thomas, chairman of the Committee on Pro-Life Activities of the U.S. Conference of Catholic Bishops.

“South Carolina was right to deny Planned Parenthood taxpayer dollars. A group dedicated to ending children’s lives deserves no public support,” Thomas said in a written statement.

“Abortion is not health care, and lives will be saved because South Carolina has chosen to not fund clinics that pretend it is,” he said. “Publicly funded programs like Medicaid should only support authentic, life-affirming options for mothers and children in need.”

Can’t sue

The court’s conservatives and swing votes formed the majority — Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Chief Justice John Roberts.

Writing for the majority, Gorsuch said that private parties seeking federal health benefits through a state government can sue for them only when Congress explicitly allows it in legislation by declaring access to the benefits to be a right, which it didn’t do with respect to Medicaid funds.  He said the U.S. Secretary of Health and Human Services can cut off Medicaid funding to a state that the secretary determines isn’t complying with federal rules but that a private party can’t ask a court to force the state to give it federal funds.

“Congress knows how to give a grantee clear and unambiguous notice that, if it accepts federal funds, it may face private suits asserting an individual right to choose a medical provider,” Gorsuch wrote.

He added that Congress has done so in legislation pertaining to nursing homes but not with respect to Medicaid, a federal program administered by the states that provides a mix of federal and state funds to provide health care to poor people.

The three liberal justices — Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, dissented.

Writing for the minority, Jackson said South Carolina is participating in what she called “the project of stymying one of the country’s great civil rights laws” and that the court majority’s decision allows the state to “evade liability for violating the rights of its Medicaid recipients to choose their own doctors.”

Federal defunding coming?

Abortion supporters decried the court’s decision.

“The Supreme Court overrode what the Medicaid law requires and every patient wants: the ability to choose their trusted health care provider,” said Nancy Northup, president and chief executive officer of the Center for Reproductive Rights, which supports abortion, in a written statement.

“Right now, Congress is seeking to replicate South Carolina’s ban nationwide, putting politics above patients in making health care decisions,” she said.

Republicans in the U.S. House of Representatives have sought to cut off federal funds for Planned Parenthood in a spending measure known as the “One Big Beautiful Bill.” It passed the House by one vote, 215-214, on May 22. But its chances in the U.S. Senate are unclear — particularly after the nonpartisan Senate parliamentarian ruled Thursday that portions of the bill violate Senate rules.

Erik Baptist, senior counsel with Alliance Defending Freedom, a conservative legal advocacy organization that opposes abortion, said during an online press conference Thursday that “at least 14 states in the country have taken action to defund Planned Parenthood.”

He said he hopes more states do so and that Congress follows suit.

“What the Medina case today did from the U.S. Supreme Court was liberate the states and allow them to take action to defund Planned Parenthood. So one shoe dropped today. We hope Congress takes the other action with regards to federal funding,” Baptist said.