Gov Shapiro Statement on Court Ruling Striking Medicaid Abortion Ban | Commonwealth of Pennsylvania

Harrisburg, PA - Today, Governor Josh Shapiro released the following statement in a post on X in response to Commonwealth Court of Pennsylvania's decision in Allegheny Reproductive Health Center vs. Pennsylvania Department of Human Services, which affirms a fundamental right to reproductive autonomy and finds that under Pennsylvania law, a state ban on Medicaid coverage for most instances of abortion care is unconstitutional:

Statement from Governor Josh Shapiro:

Pennsylvania law has prohibited use of Medicaid funds to pay for abortion services in all but a few narrow circumstances. The law was challenged by health care providers, and in January 2024, the Pennsylvania Supreme Court reversed past rulings upholding the law, held that the law was presumptively unconstitutional under the Equal Rights Amendment, and ordered the Commonwealth Court to determine whether the ban could survive strict scrutiny. In July 2024, Governor Shapiro announced that his Administration would not defend the discriminatory ban.

Today's Commonwealth Court decision affirms that the Medicaid coverage exclusion violates the Equal Rights Amendment in Pennsylvania's Constitution. The decision further holds that "the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy" for its residents and as a result, the Medicaid coverage exclusion also violates the equal protection provisions of the Pennsylvania Constitution.

Learn more about Governor Shapiro's work to defend a woman's right to reproductive freedom and choice.