Pa. Supreme Court sets the stage to consider whether the state constitution protects abortion

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Spotlight PA Link: https://www.spotlightpa.org/news/2024/01/pennsylvania-abortion-rights-supreme-court-constitution-guarantee-ruling-commonwealth-court/

HARRISBURG — The Pennsylvania Supreme Court ordered a lower appellate court on Monday to reconsider a case that will determine whether Medicaid must cover abortions and that could have far-reaching implications in a post-Roe world.

Supporters and opponents of abortion access are closely watching this case, not only because of the Medicaid coverage question, but because some believe the justices could use it to set a precedent as to whether the Pennsylvania Constitution guarantees the right to abortion. The ruling did not resolve either question. However, in five separate opinions, the justices offered key insights into their thinking on the issue.

Adam Bonin, a Democratic attorney who frequently litigates cases before the state Supreme Court and is familiar with this one, said one of the most consequential pieces of information in the ruling is that a majority of justices agree that the Pennsylvania Constitution “strongly” protects against sex-based discrimination — something Commonwealth Court will now have to consider in its own ruling.

The justices also “strongly hinted that they will strike down this exclusion [of Medicaid paying for abortions] down the road,” Bonin said. However, the justices did not make a final decision.

- more at link -

If anyone is looking for some GOOD NEWS today, this just might be it. Spotlight PA will keep an eye on this and report further as the case develops.

Here's the link to today's ruling (PDF download): https://www.pacourts.us/assets/opinions/Supreme/out/J-65-2022mo%20-%20105815658253412907.pdf?cb=1

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