The Pennsylvania Supreme Court has directed a lower court to reconsider the challenge to the state’s ban on using Medicaid funds for abortions, suggesting a potential new approach for protecting abortion rights.
The court’s focus was on whether the law constitutes discrimination based on sex, as abortions are predominantly sought by women.
By hinting at an “equal protection” argument for abortion rights, the ruling could have implications beyond Pennsylvania.
The decision also challenges the historical basis used to justify abortion restrictions and offers hope for those advocating reproductive choice.
It suggests that laws limiting abortions may be viewed as discriminatory based on sex and highlights the problem of relying on historical justifications for abortion laws.
This ruling could serve as a guide for other states and future Supreme Court decisions.
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