Supreme Court: Brett Kavanaugh sides with liberal justices to protect Planned Parenthood funding

The rulings provides a first glimpse into the type of decisions Justice Kavanaugh may take

A sign is pictured at the entrance to a Planned Parenthood building in New York. (Lucas Jackson/Reuters)

The Supreme Court has sided with Planned Parenthood in its fight for funding, denying appeals by Kansas and Louisiana who sought to end its public funding through Medicaid,

Chief Justice John Roberts and Justice Brett Kavanaugh unexpectedly aligned with four liberal justices in declining to review the petitions that would have placed a ban on abortion providers.

Defunding Planned Parenthood has been a key priority for Republicans, with Mr Kavanaugh’s controversial confirmation sparking concerns among reproductive rights activist that he would back moves to overturn or restrict legal rights and access to abortions.

The top court left the rulings from the lower court that halted Kansas and Louisiana from revoking public healthcare funding from Planned Parenthood and its affiliates. Although Planned Parenthood affiliates in Louisiana does not perform abortions, some in Kansas do. Only in extreme circumstances—including a situation where a woman’s life is in danger—will Medicaid pay for abortions.

“We regret today’s decision from the US Supreme Court announcing that it fell one vote short of taking our case against Planned Parenthood,” Kansas Governor Jeff Colyer, a Republican, said in a statement.

Those who dissented were Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.In order for an appeal to be reviewed, four justices must agree to accept the case. Mr Thomas argued that his opposing colleagues opted to cower to politics instead of the law.

“So what explains the court’s refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood,’” Thomas wrote in dissent.

“Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty,” he added.

Several states attempted to defund the women’s health organisation after undercover video footage in 2015, filmed by anti-abortion activists, portrayed Planned Parenthood making profits from selling fetal tissue and body parts from abortions. Planned Parenthood has outright denied these claims, citing that the videos were heavily edited and misleading. After a series of investigations, the authorities found no evidence done of wrongdoing done by the organisation.

The 5th US Circuit Court of Appeals blocked Louisiana’s Medicaid cuts in 2016, saying defunding the organisation would harm patients. The 5th Circuit also said there was no dispute that Planned Parenthood was qualified to provide medical services, and that Louisiana was seeking to eliminate funding “for reasons unrelated to its qualifications.”

The 10th U.S. Circuit Court of Appeals upheld a lower court ruling in February that Kansas does not have the right to end Medicaid funding to Planned Parenthood, arguing states cannot halt funding for reasons “unrelated to the provider’s competence and the quality of the healthcare it provides.” In addition, four other appeals court ruled in favour of Medicaid patients having the right to access the provider of their choice.

On the other hand, the 8th US Circuit Court of Appeals held a conflicting ruling that said states have the power and right to terminate a provider’s Medicaid contract, and that patients cannot challenge that decision. The Monday SCOTUS ruling allows for the split decisions to stand in different federal circuits, POLITICO reported.

Planned Parenthood has praised the Supreme Court’s decision to protect its government funding. “We are pleased that lower court rulings protecting patients remain in place,”Leana Wen, president of Planned Parenthood Federation of America, said in a statement published on Monday. “Every person has a fundamental right to healthcare, no matter who they are, where they live or how much they earn.”