Pennsylvania Attorney General Appeals Court Ruling on Medicaid Abortion Ban
Attorney General Dave Sunday appeals Commonwealth Court ruling that struck down Pennsylvania’s 42-year ban on Medicaid-funded abortions, despite governor’s refusal to defend the law.
HARRISBURG, PENNSYLVANIA — Attorney General Dave Sunday filed an appeal Tuesday with the Pennsylvania Supreme Court, challenging a Commonwealth Court decision that struck down the state’s ban on using Medicaid funds for abortions.
The appeal comes one month after the lower court ruled 4-3 in favor of reproductive health care providers from across Pennsylvania who challenged the coverage exclusion. The ban, which took effect in 1982, has prevented low-income residents from using Medicaid to pay for abortion procedures.
State Administration Declines to Defend Ban
The case presents an unusual legal scenario where the state Department of Human Services, the named defendant overseeing Medicaid, is not defending the law. Governor Josh Shapiro announced in 2024 that his administration would no longer defend the prohibition in the commonwealth’s Abortion Control Act, calling the measure unconstitutional.
Sunday, who took office in January 2024, was permitted to intervene as attorney general to defend the statute. In a statement Wednesday, he emphasized his office’s legal obligations.
“My responsibility as Attorney General is to defend the rule of law and defend statutes without interference of personal opinion or political posturing,” Sunday said.
Reproductive Rights Groups Criticize Appeal
Opponents of the ban criticized Sunday’s decision to continue the legal fight, arguing it delays access to reproductive healthcare for Pennsylvania’s most vulnerable residents. Medicaid provides health insurance coverage to millions of low-income and disabled people in the commonwealth.
“It’s clear that Dave Sunday wants to play politics with abortion care,” said Signe Espinoza, executive director of Planned Parenthood PA Advocates. “Every day that passes while people are unable to access that critical care with their Medicaid coverage is on him.”
Court Battle Continues
The Commonwealth Court’s April 20 decision marked a significant victory for reproductive rights advocates who argued the ban violated constitutional protections. The case now moves to Pennsylvania’s highest court, where justices will determine whether the 42-year-old restriction can remain in place.
The appeal extends a legal battle that has divided state government, with the executive branch refusing to defend a law the legislative branch enacted decades ago. The outcome will determine whether Pennsylvania joins other states that allow Medicaid funding for abortion procedures.
Pennsylvania’s Supreme Court will now decide the future of Medicaid abortion coverage for the state’s low-income residents, with both sides preparing for what could be a landmark ruling on reproductive rights and healthcare access.
