Sen. Scott Files Bicameral Amicus Brief in Kerr v. Planned Parenthood

WASHINGTON — On July 5th, U.S. Senator Tim Scott (R-S.C.), along with Senator Lindsey Graham (R-S.C.) and Congressman Ralph Norman (R-S.C.-05), filed an “amicus curaie” (or “friend of the Court) brief in the case of Kerr 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 seven other senators and 58 other members of the House of Representatives.

“The purpose of Medicaid should be to help parents and children in underserved communities access the medical care they need,” said Senator Scott. “Using taxpayer dollars to fund abortion services undermines the intent of the program and the law. I’m proud to join my South Carolina colleagues in pushing back on this attempted overreach in our state.”

“I am proud to join Governor McMaster and my South Carolina Republican colleagues in opposing Medicaid funding to an abortion provider. Most Americans oppose their hard-earned taxpayer dollars being used to subsidize abortions,” said Senator Graham. “Planned Parenthood is the biggest advocate in the country for taxpayer-funded abortions. I applaud Governor McMaster for taking on this fight and believe we will prevail in court.”

“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 Congressman 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.”

“The people of South Carolina have made it clear they support the right to life, and therefore, should not be forced to spend taxpayer dollars to fund abortion providers like Planned Parenthood,” said Governor Henry McMaster. “I thank Congressman Norman, Senator Graham, Senator Scott, and the 65 other members of Congress who are standing with South Carolina to oppose this federal overreach and protect our ability to 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 two appeals, each of which members have supported South Carolina’s determination with similar briefs.

This brief has the support of Alliance Defending Freedom and Susan B. Anthony Pro-Life America.

Read the full brief here.