Pennsylvania Supreme Court Recognizes ‘Fundamental Right’ to Abortion Protected by State Constitution

The Pennsylvania Supreme Court on Monday issued a long-awaited opinion on a case centered around using state-funded Medicaid to pay for abortion, recognizing that “reproductive autonomy” is a fundamental right guaranteed by the state’s constitution. The ruling declared that the Abortion Control Act of 1982, a Pennsylvania law prohibiting Medicaid from being used to cover the costs of abortion, violates the state constitution’s Equal Rights Amendment (ERA)—for which there is no equivalent in the U.S. Constitution. “The fundamental right of a woman to decide whether to give birth is not subordinate to policy considerations favored by transient legislatures,” read the majority opinion, penned by Justice Christine Donohue. “We conclude that the Pennsylvania Constitution secures the fundamental right to reproductive autonomy, which includes a right to decide whether to have an abortion or carry a pregnancy to term.”...