WASHINGTON, D.C. () – The United States Supreme Court will hear oral arguments in a case involving reproductive health care in South Carolina Wednesday.

In 2018, South Carolina Governor Henry McMaster issued an executive order barring any clinic that provides abortion services from participating in Medicaid.

Soon after, it was challenged by a Medicaid recipient and Planned Parenthood patient.

“An individual beneficiary wanted to enforce her right to be able to see any willing and qualified provider under Medicaid, and that is language from the Medicaid Act,” Associate Director of Women’s Health Policy at KFF, a health policy research organization, Laurie Sobel, said.

Since then, the case has been making its way through the lower courts, and now, it’s been elevated all the way to the Supreme Court.
“Abortion services aren’t covered under family planning, except in very limited situations, federally and in South Carolina,” Sobel said. “So, as a result, Planned Parenthood, they provide abortion services. But they also provide family planning services. Under Medicaid, they were excluded.”

Most abortions provided by Planned Parenthood aren’t covered by federal funds under the Hyde Amendment.

Still, McMaster’s order argued, “The payment of taxpayer funds to abortion clinics, for any purpose, results in the subsidy of abortion and the denial of the right to life.”

The Supreme Court will hear arguments from both sides this week.

“The case in the Supreme Court is just about whether individual beneficiaries have the right to enforce that,” Sobel said. “Whether they can bring a case in federal court to enforce their ability to see the provider of their choice.”

If the court rules in favor of the beneficiary, the case will go back to the District Court level, “to make a proper determination on whether the state of South Carolina used the proper criteria to exclude Planned Parenthood,” Sobel told .

Already, though, many are wondering about what kind of precedent this case could set.

“If patients don’t have the right to enforce their right to see any willing and qualified provider, that will definitely expand other states latitudes to be able to exclude a certain provider, particularly Planned Parenthood,” Sobel said.

reached out to Planned Parenthood South Atlantic (PPSAT), which oversees all Planned Parenthoods in South Carolina.

Interim President and CEO of PPSAT, Paige Johnson, said in a statement”

“If Governor McMaster is successful in blocking people with Medicaid coverage from being able to go to Planned Parenthood for reproductive health care, people who are struggling to make ends meet will pay the price. Our health centers serve an irreplaceable role in the state’s health care system, providing birth control and cancer screenings to people who can’t afford those services anywhere else. Government officials should never block people from getting health care or be able to decide which doctor you can or cannot see. We will never stop fighting for our patients and their right to choose their trusted health care provider.”