Governor McMaster Files Amicus Brief in Medina V. Planned Parenthood in Defense of Life and State Sovereignty

COLUMBIA, S.C. – On Monday, Governor Henry McMaster filed an amicus curiae brief in Medina v. Planned Parenthood, defending South Carolina’s right to exclude abortion providers, such as Planned Parenthood, from its Medicaid program and affirming South Carolina’s authority to enact policies that reflect its priorities.
“This case is about protecting the sanctity of life and preserving South Carolina’s right to govern itself in a way that reflects the values of its people,” said Governor Henry McMaster. “South Carolina has made it clear that we value the right to life. Therefore, taxpayers should not be forced to subsidize abortion providers who are in direct opposition to their beliefs. Just as I was in 2018, I am confident in our authority to terminate funding for Planned Parenthood, and I trust that the U.S. Supreme Court will agree.”
The case originates from Governor McMaster’s 2018 Executive Order that directed the South Carolina Department of Health and Human Services to remove abortion clinics from South Carolina’s Medicaid provider list. In December 2024, the U.S. Supreme Court agreed to hear the case. Oral arguments are expected in late March or April of this year.
A link to the Supreme Court’s docket is available here.
Graham, Scott, Norman Lead Amicus Brief in Medina V. Planned Parenthood
WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina), U.S. Senator Tim Scott (R-South Carolina), and U.S. Representative Ralph Norman (R-South Carolina) filed an “amicus curiae” (or “friend of the Court”) brief in the case of Medina v. Planned Parenthood. The brief supports South Carolina’s determination that Planned Parenthood does not qualify to receive Medicaid funding. The South Carolina Republicans were joined by 14 other Senators and 76 other members of the House of Representatives.
“Most Americans oppose their hard-earned tax dollars being used to subsidize abortion,” said Senator Lindsey Graham. “I am honored to join my South Carolina Republican colleagues and lend our voices to Governor Henry McMaster’s effort to make sure Medicaid funding cannot be used by Planned Parenthood in South Carolina in any fashion.”
“The purpose of Medicaid is to provide essential healthcare services to parents and children in underserved communities where access to quality medical care can be limited,” said Senator Tim Scott. “Using taxpayer dollars to fund abortion not only diverts resources away from Medicaid’s mission but undermines the intent of both the law and the program itself. I’m proud to join my colleagues from South Carolina in standing up for the right to life and against this government overreach.”
“Private parties like Planned Parenthood have no right to undermine congressional intent by forcing states to say that Planned Parenthood is a qualified Medicaid provider,” said Representative Ralph Norman. “South Carolina has every right to determine what qualifies and disqualifies Medicaid healthcare providers operating within our state. That was precisely the intent of Congress. My hope is the Court will see this lawsuit for what it truly is: a misguided attempt to undermine that authority.”
“As a pro-life state, South Carolina taxpayers should not be forced to subsidize the abortion industry,” said Governor Henry McMaster. “I am grateful for the support of members of the South Carolina delegation and the many other members of Congress who recognize the importance of this case and are standing with South Carolina as we defend our values.”
Background:
Under federal law and guidance, states administer Medicaid plans, including deciding which medical providers qualify to receive payments for certain services. In 2018, South Carolina Governor Henry McMaster ordered the state’s Department of Health and Human Services (DHHS) to disqualify abortion clinics from receiving Medicaid funding. Over three years, Planned Parenthood received over $1.5 billion in state Medicaid reimbursements nationwide, which is one of their largest funding sources.
Following South Carolina’s determination, Planned Parenthood and one of its clients sued the DHHS Director in federal court, claiming a right to force DHHS to reverse that decision. There have been four appeals, each of which Members have supported with similar briefs.
This brief has the support of Alliance Defending Freedom, Americans United for Life, Catholic Vote, Family Research Council, Students for Life, and Susan B. Anthony Pro-Life America.