Interesting ruling by the Pennsylvania Supreme Court which seems to encourage the approach that abortion is covered under the Equal Rights law. A case that RBG tried to bring before the supremes before they agreed to hear Roe v Wade and codified abortion under a different legal theory. Pennsylvania Supreme Court clears way for challenge to ban on Medicaid abortion coverage | The Hill The Supreme Court of Pennsylvania issued a ruling Monday finding that a 1982 state bill barring Medicaid from covering most abortions can be challenged in court, years after the initial legal petition was dismissed. The court ruled on a case brought forward by health care providers in 2019 on behalf of their patients challenging the Pennsylvania Abortion Control Act of 1982, which prevents abortions from being covered under Medicaid unless the pregnancy is a result of rape, incest or it threatens the life of the mother. The plaintiffs in the case argued that the 42-year-old legislation violated the Pennsylvania Constitution as well as the state’s Equal Rights Amendment and equal protection provisions. They further argued that other states permit their Medicaid programs to have abortion coverage that goes beyond the few exceptions allowed under the Abortion Control Act. .......................... In reviewing the case, the Pennsylvania Supreme Court found that the state’s constitution guaranteed a “fundamental right to reproductive autonomy,” which included the decision on whether to have an abortion, though only two of the five justices who considered the case explicitly concurred with this ruling.
