Commonwealth Court case challenged ban on MA funds for abortion care
HARRISBURG, April 22, 2026 – Members of the Pennsylvania Women’s Health Caucus are celebrating a decision Monday by Commonwealth Court that strikes down the state’s long-standing ban on accepting Medicaid coverage for abortion care.
The Court’s majority opinion recognized a fundamental right to reproductive autonomy guaranteed by the Pennsylvania Constitution, determining that the state’s exclusion of abortion coverage from Medicaid violated equal protection and violated the state’s Equal Rights Amendment.
State Sen. Amanda Cappelletti, D-Delaware/Montgomery, as well as state Reps. Mary Jo Daley, D-Montgomery, and Gina H. Curry, D-Delaware, who make up the caucus’s leadership, released the following statement.
“The 4-3 ruling, which determined the coverage ban to be unconstitutional, marks a crucial step forward in ensuring equitable access to reproductive health care for all Pennsylvanians, regardless of income.
“This is an historic victory for reproductive freedom and equality in the commonwealth. For too long, Pennsylvanians with lower incomes have been forced to navigate unjust barriers to health care. Today’s ruling affirms that the Pennsylvania Constitution protects a person’s right to make their own health care decisions, and that financial status should never dictate a person’s ability to access essential reproductive care.
“We uplift all of the grassroots advocacy groups across Pennsylvania, Planned Parenthood, Women’s Law Project and the work of the members of the Women’s Health Caucus, in particular the work of Rep. La’Tasha D. Mayes and her organization for reproductive justice, and all of the fighters for reproductive rights who pack rallies and protests across the state. We also acknowledge all of the Black and Brown voices who have been working on this victory for decades.
“The Women’s Health Caucus also applauds Commonwealth Court for upholding the constitutional promise of equality. This decision ensures that reproductive autonomy is not a right reserved for some, but a right for all. There are many more rights that need to be protected, but today is a joyful victory along our fight.”
The lawsuit, orignally filed in 2019 by a coalition of medical care providers, challenged the restrictive provisions of the Pennsylvania Abortion Control Act of 1982.
Mayes, D-Allegheny, will host a news conference on Monday, April 27, at 1 p.m. in the East Wing Rotunda to address the court ruling. This ruling affirms that women in Pennsylvania have a legal right to reproductive autonomy regardless of their income.