Support justice-driven, accurate and transparent news — make a quick donation to Truthout today! 

Earlier this week, a Pennsylvania-based appellate court ruled that a state law banning the use of public funds for abortions was unconstitutional, as it improperly restricted residents with lower incomes who receive state health care services, such as Medicaid.

Abortion is legal in Pennsylvania, with the state restricting the practice after 24 weeks of pregnancy. However, the Pennsylvania law essentially banned abortion for people with lower incomes who depend on state support for medical care.

The 4-3 ruling from the Commonwealth Court of Pennsylvania was issued on Monday. The court is directly below the state Supreme Court, which means it could be appealed in the future.

For now, however, abortion rights proponents are celebrating the ruling, which overturns restrictions imposed by the Pennsylvania Abortion Control Act of 1982. That law prevented the use of public funds to provide abortions, except in limited cases classified as emergencies.

Exceptions for emergencies are oftentimes difficult to attain, as hospitals and providers are wary of potentially crossing the legal line — even if they think a patient needs an abortion — due to the vague language of state laws.

Judge Calls Murder Charge in Georgia Abortion Case “Extremely Problematic”

Medical providers, including several Pennsylvania state-based chapters of Planned Parenthood, challenged the law in 2019, and, after several years of legal dispute, the case finally made it to the Commonwealth Court this year.

The law is unenforceable, the majority of judges on the court found, as it violated the Equal Rights Amendment and other equal protection provisions of the Pennsylvania state constitution “beyond any genuine dispute of fact.” The majority also recognized that those provisions guarantee “a fundamental right to reproductive autonomy.”

“Recognizing this fundamental right … is necessary to restrict state government to its proper sphere, thus protecting our liberty,” wrote Judge Matthew S. Wolf, who authored the majority opinion.

Gov. Josh Shapiro (D), who decided his office would not defend the law in the court battle, lauded the ruling.

“I’ve long opposed this unconstitutional ban, and as Governor, I did not defend it — because a woman’s ability to access reproductive care should never be determined by her income,” Shapiro said in a statement.

Susan Frietsche, executive director of Women’s Law Project and part of the legal team, also praised the decision, stating:

The Commonwealth Court today recognizes that the guarantees of equality in our state Constitution would be a hollow promise if women and birthing people did not possess the ability to control their destiny. Today, the Court recognizes that the right to reproductive autonomy is the right to self-determination.

The Commonwealth Court today recognizes that the guarantees of equality in our state Constitution would be a hollow promise if women and birthing people did not possess the ability to control their destiny. Today, the Court recognizes that the right to reproductive autonomy is the right to self-determination.

In a joint statement from regional Pennsylvania Planned Parenthood chapters, which were part of the lawsuit against the law, the providers said they recognized an appeal could be coming soon.

“For decades, Pennsylvania has had a two-tier system for reproductive health care: abortion access for those who can pay, and a ban for those who can’t. While we wait to see the next legal steps this case takes, we will be celebrating,” those chapters said in their statement.

An urgent fundraising appeal: 24 Hours to raise $18,000

Thank you for reading Truthout today. We have a brief message before you go —

Unfortunately, donations are down for Truthout at a time when media is under immense pressure. Trump is arresting journalists, Big Tech is censoring independent news, and economic conditions for media have been worsening for years.

Simultaneously, movement media is vital in the fight against Trump’s authoritarian reign. Our mandate to tell the truth, share strategies for resistance, and speak against fascism is ever more urgent in this deluge of political censorship. Yet, we are struggling to meet our publishing costs when our work is so urgently needed.

If you can support Truthout with a one-time or monthly donation, you will make a significant impact on our work. Please give today during our fundraiser (only 24 hours left).

Share via Facebook Facebook Circle Icon

Share via Bluesky Bluesky Circle Icon.cls-1{stroke-width:0px;}

Share via Flipboard Flipboard Circle Icon

Share via Mail Mail Circle Icon

More .st0{fill:none;stroke:#000000;stroke-width:0.5;stroke-linecap:round;stroke-linejoin:round;} Share via Threads .cls-1{stroke-width:0px;} Share via Reddit Reddit Cirlce Icon Share via Pocket Pocket Circle Icon Share via Linkedin LinkedIn Circle Icon.cls-1{stroke:#000;stroke-miterlimit:10;} Share via Twitter Twitter Circle Icon

Share via Threads .cls-1{stroke-width:0px;}

Share via Reddit Reddit Cirlce Icon

Share via Pocket Pocket Circle Icon

Share via Linkedin LinkedIn Circle Icon.cls-1{stroke:#000;stroke-miterlimit:10;}

Share via Twitter Twitter Circle Icon

Republish This Article for Free

Republishing Guidelines

This article is licensed under Creative Commons (CC BY-NC-ND 4.0), and you are free to share and republish under the following terms:

Required: Required: You must credit Truthout and retain our links, as follows: "This article was originally published by Truthout."

Required: You must preserve the article exactly as it appears on our site. You cannot edit, shorten or otherwise alter the content.

Required: You must clearly credit the author(s) and retain their byline.

Prohibited: You cannot republish our photographs or illustrations without specific permission.

Prohibited: You cannot use this work for commercial purposes.

Chris Walker is a news writer at Truthout, based in Madison, Wisconsin. Focusing on both national and local topics since the early 2000s, he has produced thousands of articles analyzing the issues of the day and their impact on people. He can be found on most social media platforms under the handle @thatchriswalker.

© Truthout