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This piece first appeared in our weekly publication, The Fallout.
This week, Pennsylvania confirmed us why, with the abortion rights panorama in chaos, state courts and constitutions play an more and more vital function in stabilizing entry to care.
Like many different states, Pennsylvania offers Medicaid protection of abortion in very restricted circumstances. However that would now all change.
In a 219-page resolution, the Pennsylvania Supreme Court docket dominated that abortion suppliers might transfer ahead with their problem to the state’s ban on Medicaid protection for abortion beneath the Pennsylvania Structure. The choice overruled decades-old precedent that had beforehand blocked such a problem, and it’s an incredible win for suppliers.
The courtroom didn’t go as far as to declare the precise to abortion basic simply but—but it surely received shut. Two justices explicitly said it does, and a 3rd known as the opinion insightful however decided that this specific case was not the suitable one to resolve that query.
The ruling means the authorized problem to the state’s Medicaid ban can transfer ahead—and can virtually actually succeed. Ought to that occur, another barrier to abortion entry in Pennsylvania will fall. The courtroom strongly advised in its opinion that abortion is a basic proper beneath the Pennsylvania Structure and its proper to privateness.
The opinion states: “Whether or not or to not give start is probably going probably the most private and consequential resolution conceivable within the human expertise. Any self-determination depends on the precise to make that call.”
Like Kansas earlier than it, we’re seeing advocates make use of sturdy state constitutional privateness protections to combat again in opposition to an rising nationwide assault on reproductive autonomy. It will not be a long-term answer to the disaster overturning Roe v. Wade created, but it surely’s undoubtedly an vital speedy venue for combating again.
My colleague Imani Gandy and I’ll have extra about what this resolution means on the following episode of Growth! Lawyered, which drops tomorrow in your favourite audio streaming platform.
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