Do people have a right to get services from Planned Parenthood?

That is the question in the case South Carolina HHS v. Planned Parenthood South Atlantic. When Congress passed the Medicaid Act in 1965, it stated that recipients could use “any qualified provider.” But South Carolina law prohibits Planned Parenthood from receiving public funds because it performs abortions. Does the Medicaid Act create a “right” to use state Medicaid funds at any facility someone wants?

South Carolina is not asking the court to “hollow out” the law, but to abide by it. Under the Medicaid Act, states and not the federal government determine the qualifications for participation in their publicly funded healthcare system. The people of the State of South Carolina, through their representatives, have decided that those entities that provide abortions are disqualified from receiving public funds. Neither Planned Parenthood nor Julie Edwards has a right to direct public healthcare dollars. Therefore, there is no deprivation of rights to litigate under §1983.

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