Brett Kavanaugh was one of the judges who voted not the hear the appeal
The US Supreme Court will not hear an appeal from states which were seeking to terminate Medicaid contracts with Planned Parenthood, meaning that these contracts will remain.
Kansas and Louisiana had attempted to block Medicaid funds from being used for preventative care services provided by Planned Parenthood. A lower court ruled that this policy violated federal law, and the states were attempting to appeal this decision.
By deciding not to hear the case, the court has not cast a judgement on the questions contained in the appeals.
Only three judges – Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch – voted to grant certiorari. This is one short of the four needed.
Voting against certiorari were newly-confirmed Justice Brett Kavanaugh, Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.
In his dissent, Thomas wrote that he thought his colleagues on the bench were trying to avoid any cases involving Planned Parenthood, the country’s largest abortion provider. This case in particular did not involve abortion, but concerned other services provided by Planned Parenthood.
“What explains the court’s refusal to do its job here?” asked Thomas, adding, “I suspect it has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood.’”
Thomas was furious with the court’s denial of certiorari, saying: “But these cases are not about abortion rights,” but rather “about private rights of action under the Medicaid Act.”
“Resolving the question presented here would not even affect Planned Parenthood’s ability to challenge the States’ decisions; it concerns only the rights of individual Medicaid patients to bring their own suits. Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty.”
Former Planned Parenthood clinic director Abby Johnson told CNA that she did not agree with the court’s decision.
“States should have every right to divert funding away from the nation’s largest abortion provider and towards health centers that provide true healthcare to patients, not one that promotes abortion above all else,” Johnson said.
She also pointed out that Planned Parenthood has done fewer and fewer preventative services in recent years. Between 2009 and 2016, the number of breast cancer screenings done by the organization dropped by 61 percent, she said.
“Other cancer screenings have dropped by 64 percent during the same time. And forget about prenatal services and adoption referrals. Those services are barely offered, if at all at some Planned Parenthoods,” added Johnson.
Johnson told CNA she believes states should instead fund federal qualified healthcare clinics, which “outnumber Planned Parenthood nearly 20-to-1 and sees ten times the number of patients that Planned Parenthood does every year.”