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The threats to health care in America in general and women's health in particular from the Supreme Court just got a lot more dire with Justice Anthony Kennedy's retirement. And it's just what far-right radicals have been waiting for, the chance to turn their favorite hobby of literally making a federal case out of every grievance out of the certainty that some day they'll have the Supreme Court they need to reshape our society. And here we are. Ironically, one of their projects has been to curtail the rights of others to sue and they're very close to succeeding in one effort—preventing healthcare providers from suing over Medicaid's coverage decisions.
In 1990, the Supreme Court ruled that providers could sue over Medicaid reimbursement rates, with Kennedy dissenting. Over the past nearly three decades, that decision has been narrowed, but provider lawsuits are still allowed. Sara Rosenbaum, a George Washington University law professor, explains that Kennedy “was willing to leave the courthouse doors open in Medicaid cases, whereas the conservative majority is willing to shut it— mean, really slam it." And if that door is slammed shut, she says, "it's certainly possible that a state would start hacking away at its program. There would be no deterrence at all."
That includes Planned Parenthood, which serves as the primary care provider for millions of people with Medicaid nationally. Right now both Kansas and Louisiana have asked the Supreme Court to determine whether Planned Parenthood can sue if they are exclude from the states' Medicaid programs. There's a circuit split on this issue; two federal appeals courts have ruled that the states can't exclude Planned Parenthood while a third says that Planned Parenthood cannot sue Arkansas over exclusion. Conflicting circuit court decisions is traditionally what the Supreme Court requires in taking such cases, so here we are.
This confirmation fight isn't just about Roe v. Wade, though that's what Republicans like Susan Collins would have you believe, so that she can continue to pretend that it's this one single issue that Donald Trump won't use as a litmus test for his choice. With a wink and nod, she and Trump can pretend that abortion is off the table so her vote doesn't hinge on that.
Meanwhile, a nominee that will vote to take healthcare away from millions of people will get her approval, because no one said anything about abortion.
Do you live in Maine? You have a powerful voice in stopping Trump's Supreme Court nominee. Click here to write Sen. Collins.