We know it’s a busy time, so we wanted to make sure you’re aware that oral arguments in an important case that will determine the future of abortion access in Pennsylvania are scheduled for Wednesday, October 14, and that you can watch it on this YouTube livestream.
WLP attorney Susan J. Frietsche will argue the case on behalf of the legal team representing Pennsylvania abortion providers.
Opening arguments are scheduled to begin at 9:30 AM.
The case: Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services
As you may recall, last year a group of Pennsylvania abortion providers filed a lawsuit challenging a Pennsylvania state statute that bans abortion coverage through the Pennsylvania Medicaid program. The case, Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, was filed in Pennsylvania Commonwealth Court. Its central claims are that the abortion coverage ban violates the Equal Rights Amendment and equal protection provisions of the Pennsylvania Constitution.
The abortion providers are represented by attorneys from the Women’s Law Project; attorney David S. Cohen; Planned Parenthood Federation of America; and the private law firm Troutman Pepper LLP.
Medicaid is a joint federal-state program. The Hyde Amendment has banned federal monies from funding abortion care except in very narrow circumstances since 1974. The Hyde Amendment’s sponsor, Congressman Henry Hyde, explicitly stated the intention was to control the reproductive choices of low-income women. States, however, retain the right to cover abortion care. Currently, 17 states cover abortion through their Medicaid program.
“Pennsylvania’s ban on Medicaid coverage of abortion is a decades-long injustice that deprives low-income women of reproductive health care in violation of the state Constitution’s Equal Rights Amendment,” Frietsche said at the time.
Research shows one in four women seeking abortion care who cannot overcome the lack of Medicaid funding will be forced into carrying her pregnancy to term and giving birth against her will. Extensive research has demonstrated that denying people access to abortion care results in a spectrum of significant harm. The medical risk of coerced childbearing is significant: the U.S. has the highest maternal mortality rate of any developed country. Like everywhere else, maternal and infant mortality rates are much higher for Black women and infants than their white counterparts in Pennsylvania.
Pennsylvania Republicans Intervened in the Case
After the initial filing, a group of Pennsylvania House Republicans and a group of Pennsylvania Senate Republicans “intervened” in the case to defend the ban. In litigation, “intervenors” are third parties who claim a direct stake in the case. Both groups argued that the outcome, if successful, would compromise their authority to determine spending priorities.
In their application to intervene, the House Republicans threatened to potentially sever funding for family planning “or alter [Medicaid’s] budgeting scheme in many other ways yet to be determined” if the challenge is successful.
Also This Week: Know Your Rights Workshop
Tuesday October 13, 7PM: Virtual KYR Workshop on Pregnancy Accommodations
Join WLP, National Council of Jewish Women, Pittsburgh Section and The Center for Women Pittsburgh for a virtual workshop on pregnancy and the workplace. Register here.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond.
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