A federal appellate court is considering a legal challenge to a provision that excludes Planned Parenthood affiliates from receiving Medicaid reimbursements. The plaintiffs argue that this specific targeting violates constitutional protections, including the First Amendment right of association and equal protection principles. Planned Parenthood's attorney contended that the law compels members to disassociate from the organization to avoid its burdens, thereby infringing upon fundamental rights.
During oral arguments, judges on the First Circuit panel questioned the government's lawyer about the provision's scope, noting it might be both under-inclusive by not covering all abortion providers and over-inclusive by penalizing affiliates not involved in abortion services. The plaintiffs asserted that the law cannot survive even the most lenient rational basis review, let alone the stricter scrutiny required when fundamental rights are impacted. They also presented a public health perspective, suggesting that defunding these providers leads to an increase in abortions, contrary to the provision's stated goals.
A decision from the court is pending.
During oral arguments, judges on the First Circuit panel questioned the government's lawyer about the provision's scope, noting it might be both under-inclusive by not covering all abortion providers and over-inclusive by penalizing affiliates not involved in abortion services. The plaintiffs asserted that the law cannot survive even the most lenient rational basis review, let alone the stricter scrutiny required when fundamental rights are impacted. They also presented a public health perspective, suggesting that defunding these providers leads to an increase in abortions, contrary to the provision's stated goals.
A decision from the court is pending.
