The Supreme Court rejected Planned Parenthood’s bid Thursday to prevent its exclusion from South Carolina’s Medicaid program.
In a 6-3 decision, the Supreme Court held that Planned Parenthood does not have the right to bring a private lawsuit challenging the state’s decision to enforce the Medicaid Act’s free-choice of provider provision.
“At their best, individual suits under §1983 can vindicate plaintiffs’ rights while pushing States to fulfill their obligations,” Justice Neil Gorsuch wrote in the opinion. “But private enforcement does not always benefit the public, not least because it requires States to divert money and attention away from social services and toward litigation. And balancing those costs and benefits poses a question of public policy that, under our system of government, only Congress may answer.”
South Carolina ended Planned Parenthood’s participation in its Medicaid program in 2018, which the abortion provider argued violates the free-choice-of provider provision in the Medicaid Act. South Carolina argued the provision does not give Planned Parenthood the right to sue.
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