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Ketanji Brown Jackson Compares SCOTUS Planned Parenthood Ruling to Jim Crow in Dissent

The Supreme Court ruled Thursday morning that South Carolina had the right to block Planned Parenthood from receiving Medicaid funding, a decision that Associate Justice Ketanji Brown Jackson compared to the Jim Crow era.
Medina v. Planned Parenthood South Atlantic was over a South Carolina executive order that prohibited the public use of funds to go towards abortion. In July 2018, the state decided that providing Medicaid funding to Planned Parenthood ran afoul of the EO and cut it.
A patient, Julie Edwards, and Planned Parenthood sued the state, claiming the state was in violation of the 1965 law that created Medicaid. The Medicaid law called for states use funding so “any individual eligible for medical assistance . . . may obtain [it] from any [provider] qualified to perform the service . . . who undertakes to provide [it]”.
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In a 6-3 decision along ideological lines, the Supreme Court rejected this argument. The case ultimately hinged on Section 1983 of Title 42 of the US Code of Law. That law says that anyone has the right to sue if their civil rights are violated. Writing for the majority, Justice Neil Gorsuch wrote that Edwards had no standing to bring the case.
“[T]he decision whether to let private plaintiffs enforce a new statutory right poses delicate questions of public policy. New rights for some mean new duties for others. And private enforcement actions, meritorious or not, can force governments to direct money away from public services and spend it instead on litigation,” Gorsuch wrote. “The job of resolving how best to weigh those competing costs and benefits belongs to the people’s elected representatives, not unelected judges charged with applying the law as they find it.”
Justice Clarence Thomas wrote a concurring opinion, arguing that the case stretched section 1983 to its breaking point.
“The “scant resemblance” between §1983 today and §1983 as it was traditionally understood creates good reason to doubt our modern understanding,” Thomas wrote.
Justice Brown’s dissent, however, compared the case to cases brought during the Jim Crow era—or rather, the lack thereof.
“Like other §1983 skeptics, JUSTICE THOMAS seems to view the paucity of early §1983 lawsuits as evidence that the statute was originally understood to do very little. But other explanations come to mind, too—such as the fact that filing civil rights lawsuits during the Jim Crow era could be quite perilous, especially for the people whom the statute was originally meant to benefit. Many would-be plaintiffs had reason to fear that filing a lawsuit would lead to physical or economic reprisals,” Brown wrote. “Add to that the difficulty of finding a lawyer, prevailing before often-hostile juries, and (if successful) enforcing a judgment, and it is not hard to imagine that the dearth of §1983 lawsuits in the wake of Reconstruction might have myriad alternative explanations.”
Thursday’s ruling could have wide-ranging effects, allowing other states the ability to block Medicaid funds from not just Planned Parenthood but other providers.
“Even though the state is trying to claim that it has sole authority to decide who’s a qualified provider, this isn’t really about whether Planned Parenthood is a qualified provider. It’s about a political calculation on abortion,” Nicole Huberfeld, a health law professor at Boston University’s School of Public Health, told The Guardian. “Really, what’s happening here is states making politically driven decisions about access to medical care.”
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