Kerr v. Planned Parenthood South Atlantic
Description: After South Carolina determined that Planned Parenthood was not qualified to receive taxpayer funding as part of its Medicaid program, a federal district court forced the state to restore Planned Parenthood’s funding, concluding that Medicaid recipients have a right to choose their preferred provider.
US Supreme Court to weigh in on taxpayer funding of abortion facilities
WASHINGTON – The U.S. Supreme Court agreed Wednesday to hear Kerr v. Planned Parenthood South Atlantic, a case that could decide whether pro-life states like South Carolina can direct Medicaid funds—funds intended to help low-income individuals obtain necessary medical assistance—away from abortion providers like Planned Parenthood.
Representing the director of the South Carolina Department of Health and Human Services, Alliance Defending Freedom attorneys asked the high court to take the case following a decision by the U.S. Court of Appeals for the 4th Circuit that ruled against the state.
“Taxpayer dollars should never be used to fund facilities that make a profit off abortion,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch. “Pro-life states like South Carolina should be free to determine that Planned Parenthood and other entities that peddle abortion are not qualified to receive taxpayer funding through Medicaid. Congress did not unambiguously create a right for Medicaid recipients to drag states into federal court to challenge those decisions, so no such right exists. Applying the Supreme Court’s recent decision in the Talevski case, we expect the court to hold that Congress did not intend to allow federal courts to second guess states’ decisions about which providers are qualified to receive Medicaid funding.”
After South Carolina determined that Planned Parenthood was not qualified to receive taxpayer funding as part of its Medicaid program, a federal district court forced the state to permanently restore Planned Parenthood’s funding. ADF attorneys appealed to the 4th Circuit, which ruled against allowing the state to terminate Planned Parenthood as a qualified Medicaid provider.
ADF attorneys then filed a petition with the Supreme Court asking it to hear the case and affirm that the Medicaid Act does not create a private right for Medicaid recipients to challenge a state’s decision that a specific provider like Planned Parenthood is not qualified to receive taxpayer funding. The Supreme Court granted that petition and sent the case back to the 4th Circuit for further consideration after its decision in Health and Hospital Corporation of Marion County v. Talevski. The 4th Circuit again ruled against South Carolina, prompting attorneys to file another petition before the Supreme Court.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.