The Battle in Court that Might Change it All
Although many Americans disapprove of ending the lives of unborn children, they are forced to financially support abortions through their taxed income.
How Are Taxpayers Funding Abortions?
Through Medicaid. Throughout several decades, the federal government has tried to prevent taxpayer money from funding abortions. For example, the Hyde Amendment of 1976 is a legislative provision that restricts federal funding for most abortions; however, its scope has been modified by Congress over the decades. In 2025, President Trump’s Executive Order 14182 rescinded two Executive Orders, EO 14076 & 14079, by the prior administration. EO 14076 and 14079 allowed loopholes for federal funding of abortions.
Trump’s Executive Order 14182, titled Enforcing the Hyde Amendment, emphasizes, “For nearly five decades, the Congress has annually enacted the Hyde Amendment and similar laws that prevent Federal funding of elective abortion, reflecting a longstanding consensus that American taxpayers should not be forced to pay for that practice. However, the previous administration disregarded this established, commonsense policy by embedding forced taxpayer funding of elective abortions in a wide variety of Federal programs… It is the policy of the United States, consistent with the Hyde Amendment, to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.”
Then, how are taxpayers funding abortions, if the Hyde Amendment prevents it?
Medicaid is funded jointly by the federal government and the states through state-specific matching programs. Each state assigns the medical providers who receive Medicaid funding. Therefore, when abortion clinics, and their affiliated providers, receive Medicaid reimbursement through state funding, taxpayers end up financially funding abortion clinics.
Why Should You Care?
Taxpayers should not be forced to fund abortions because of the physical pain caused to the innocent victim, the unborn child. Scientific research, through laboratory and clinical evidence, demonstrates that unborn children feel pain as early as the first trimester. The American College of Pediatricians presented scientific data in their 2021 report by Dr. Robin Pierucci, “Fetal Pain: What is the Scientific Evidence,” which highlights that “a large body of scientific evidence demonstrates that painful or noxious stimulation adversely affects immature human beings, both before and after birth” and babies in the womb may feel pain as early as 12 weeks gestation.
From a biological analysis, human life begins at conception, meaning the moment of fertilization. This is because biologists agree that when fertilization occurs, a unique zygote (the scientific term for a new human organism) is formed, containing original DNA, distinct from the parent’s genetic material. In the second edition of the scientific textbook, Human Embryology & Teratology, of 1996, Dr. Ronan R. O’Rahilly and Dr. Fabiola Muller declare, “A zygote is the beginning of a new human being. Human development begins at fertilization.” Embryologist Keith L. Moore in the seventh edition of The Developing Human: Clinically Oriented Embryology, of 2003, further agrees, “A zygote is the beginning of a new human being. Human development begins at fertilization.” Dr. Moore and Dr. Persaud emphasize, “Although it is customary to divide human development into prenatal and postnatal periods, it is important to realize that birth is merely a dramatic event during development resulting in a change in environment.” (The Developing Human: Clinically Oriented Embryology fifth ed., Moore and Persaud, 1993, Saunders Company, p. 1). Cell biology researchers and Doctors, Janetti Signorelli, Emilce Diaz, and Patricio Morales, assert, “Fertilization is the process by which male and female haploid gametes (sperm and egg) unite to produce a genetically distinct individual.”(“Kinases, Phosphatases and Proteases during Sperm Capacitation,” 2012).
Therefore, fertilization (the moment of conception) is the leading biological view of when human life begins. In 2021, a scientific research paper by Steven Andrew Jacobs, J.D., Ph.D., called “The Scientific Consensus on When a Human’s Life Begins,” highlights that “experts in biology were surveyed to provide a new perspective to the literature on experts’ views on this matter. Biologists from 1,058 academic institutions around the world assessed survey items on when a human’s life begins and, overall, 96% (5337 out of 5577) affirmed the fertilization view. The founding principles of the field Science Communication suggest that scientists have an ethical and professional obligation to inform Americans, as well as people around the world, about scientific developments so members of the public can be empowered to make life decisions that are consistent with the best information available.”
This means that a 40-year-old man contains the same genetic blueprint (complete set of DNA) as he did when he was an unborn child in his mother’s womb. Merriam-Webster defines homicide as “a killing of one human being by another,” death as “the cause or occasion of loss of life,” and child as “an unborn or recently born person.” A human death is a homicide if the dead person was once alive and is now dead because of the act of another human being. Under U.S. Code, “child abuse’ means intentionally or knowingly causing death or serious bodily injury to a child” (18 U.S.C. §1111 (c)(3)). Consequently, performing the act of homicide, as in, intentionally ending the life cycle of the 40-year-old man, is equally as unethical as ending the life cycle of an unborn child. Putting worth on humans based on their age introduces an argument of human-value based on ageism, which insinuates that a toddler’s life has less worth than a teenager’s life, due to their age and developmental stage-in-life difference.
The States that Stand Up for Unborn Children and Taxpayers
Some states are standing up for unborn children and taxpayers by preventing abortion clinics from being funded by Medicaid. For example, in 2022, Indiana passed the Senate Enrolled Act 1, which terminated the licensure of abortion clinics. Before the Senate Enrolled Act 1, Indiana was the first state to deny Medicaid funding to abortion clinics. In 2011, Indiana passed the House Enrolled Act 1210 (HEA 1210), preventing Medicaid funding of abortion clinics: “An agency of the state may not: 1) enter into a contract with, or 2) make a grant to any entity that performs abortions or maintains or operates a facility where abortions are performed that involves the expenditure of state funds or federal funds administered by the state…. This section does not apply to hospitals licensed under IC 16-21-2 or ambulatory surgical centers licensed under IC 16-21-2.”
Alabama’s 2019 Human Life Amendment Act (HB 314) declares its intent is “to make abortion and attempted abortion felony offenses except in cases where abortion is necessary in order to prevent a serious health risk to the unborn child’s mother; [and] to provide that a woman who receives an abortion will not be held criminally culpable or civilly liable for receiving the abortion.” However, the state was prevented from criminalizing the act of performing an abortion by the U.S. District Court for the Middle District of Alabama due to the U.S. Supreme Court’s precedent, at the time, of Roe v. Wade, 1973. Then, in 2022, when Roe was overturned by Dobbs v. Jackson Women’s Health Organization (2022), the injunction (order preventing Alabama from enforcing the Human Life Amendment Act) by the U.S. District Court was lifted, and Alabama was able to terminate its Medicaid contracts with abortion clinics; thereby, enforcing a complete abortion ban, except “to prevent a serious health risk to the unborn child’s mother,” through its Alabama Human Life Protection Act.
In 2018, the governor of South Carolina, under Executive Order No. 2018-21, barred abortion clinics from acquiring reimbursement through Medicaid: “WHEREAS, the preservation of life is the ultimate right to be protected and necessarily includes the life of unborn children; and … WHEREAS, the General Assembly has expressed, in section 43-5-1185 of the South Carolina Code of Laws, as amended, that ‘State funds appropriated for family planning must not be used to pay for an abortion; and WHEREAS, the payment of taxpayer funds to abortion clinics, for any purpose, results in the subsidy of abortion and the denial of the right to life; … I hereby direct DHHS [South Carolina Department of Health and Human Services] to deem abortion clinics…and any affiliated physicians or professional medical practices, that are enrolled in the Medicaid program as unqualified to provide family planning services and, therefore, to immediately terminate them upon due notice and deny any future such provider enrollment applications for the same.”
The Battle in Court – What’s Next?
A crucial decision from the U.S. Supreme Court is coming up, and its impact could be significant. The United States Court of Appeals for the Fourth Circuit prohibited South Carolina from terminating abortion clinics’ participation in the Medicaid program as qualified providers. The issue revolves around Section 1902 (a)(23) of the Social Security Act, which provides that “any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the services….” The Supreme Court granted hearing arguments regarding whether the Medicaid Act’s any-qualifier-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider (Medina v. Planned Parenthood, 2025). Eunice Medina, the Director of the South Carolina Department of Health and Human Services, argued before the Court that Section 1902 (a) (23) of the Social Security Act only creates a benefit not a private right to enforce.
What decision do you think the Supreme Court will make?
We’ll find out around June of 2025.
This upcoming decision is important not only for South Carolina but also for any state looking to follow in South Carolina’s footsteps. If the Court agrees with Medina’s argument and establishes that individuals don’t have a private right to sue when states disqualify abortion facilities as ‘qualified providers’ under the Medicaid Act, other states would have a smoother process of terminating the Medicaid contracts with abortion clinics. And as a result, preventing taxpayers from funding abortions.
UPDATE: Medina v. Planned Parenthood
On June 26th, 2025, the U.S. Supreme Court (“SCOTUS”) published its ruling, which favored South Carolina. In its decision, SCOTUS asserted that §1396a (a)(23)(A), Medicaid’s qualified provider provision, does not create individual rights because Congress did not include language that creates rights in the provision, such as ‘guarantee’ and ‘free choice.’ Additionally, SCOTUS expressed that it will analyze what Congress enacted, rather than engage in speculation. Therefore, South Carolina will not be restricted from defunding Planned Parenthood. Now, the states will have an easier time defunding abortion clinics; thereby, protecting the lives of the unborn children and their state’s residents from paying for abortions.
For the complete SCOTUS opinion, you may go to the following URL:
https://www.supremecourt.gov/opinions/24pdf/23-1275_e2pg.pdf