Planned Parenthood Court Fight over Taxpayer Funding for Abortion Could Go to Supreme Court

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A federal appeals court last week ruled against Planned Parenthood’s lawsuit demanding taxpayer funding for abortion, creating a split with other federal appeals courts that might finally take this issue to the highest court in the land.

The Supreme Court in 1973 invented a constitutional right to abortion in Roe v. Wade, even though nothing in the text, structure, or history of the Constitution suggests the existence of such a right. But even the pro-Roe Court held in its 1980 decision Harris v. McRae that Roe’s right to abortion does not include the additional right to make taxpayers foot the bill for it.

Although the Constitution does not mandate abortion funding, Medicaid nonetheless provides money through state governments to Planned Parenthood, the nation’s largest abortion provider. Planned Parenthood performs 320,000 abortions per year and receives $554 million in taxpayer money.

Yet polls show that 62 percent of Americans oppose taxpayers’ funding abortions, even while some of these funding opponents believe that abortion should be legal.

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