Shapiro Statement on Medicaid Abortion Ban Struck Down
Summary
Governor Josh Shapiro released a statement applauding the Commonwealth Court of Pennsylvania's decision in Allegheny Reproductive Health Center vs. Pennsylvania Department of Human Services, which struck down the state's ban on Medicaid coverage for abortion care. The court held that the ban violates the Pennsylvania Equal Rights Amendment and equal protection provisions, and that the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy. Shapiro, who did not defend the ban, stated that a woman's ability to access reproductive care should never be determined by her income.
“Pennsylvania's Commonwealth Court just struck down the state ban on Medicaid coverage for abortion care.”
What changed
The Pennsylvania Commonwealth Court struck down the state's prohibition on Medicaid coverage for abortion care in all but narrow circumstances. The court found the exclusion violates both the Pennsylvania Equal Rights Amendment and equal protection provisions of the state constitution, and held that the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy.
Healthcare providers offering abortion services should anticipate potential changes to Medicaid reimbursement procedures. Pennsylvania's Department of Human Services will need to implement the court's ruling regarding Medicaid coverage for abortion care going forward.
Archived snapshot
Apr 21, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Statement from Governor Shapiro on Today’s Decision from the Commonwealth Court of Pennsylvania Striking Down the State Ban on Medicaid Coverage for Abortion Care
April 20, 2026
Harrisburg, PA – Today, Governor Josh Shapiro released the following statement in a post on X in response to Commonwealth Court of Pennsylvania’s decision in Allegheny Reproductive Health Center vs. Pennsylvania Department of Human Services, which affirms a fundamental right to reproductive autonomy and finds that under Pennsylvania law, a state ban on Medicaid coverage for most instances of abortion care is unconstitutional:
Statement from Governor Josh Shapiro:
“Pennsylvania’s Commonwealth Court just struck down the state ban on Medicaid coverage for abortion care.
“I’ve long opposed this unconstitutional ban, and as Governor, I did not defend it – because a woman’s ability to access reproductive care should never be determined by her income.”
Pennsylvania law has prohibited use of Medicaid funds to pay for abortion services in all but a few narrow circumstances. The law was challenged by health care providers, and in January 2024, the Pennsylvania Supreme Court reversed past rulings upholding the law, held that the law was presumptively unconstitutional under the Equal Rights Amendment, and ordered the Commonwealth Court to determine whether the ban could survive strict scrutiny. In July 2024, Governor Shapiro announced that his Administration would not defend the discriminatory ban.
Today’s Commonwealth Court decision affirms that the Medicaid coverage exclusion violates the Equal Rights Amendment in Pennsylvania’s Constitution. The decision further holds that “the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy” for its residents and as a result, the Medicaid coverage exclusion also violates the equal protection provisions of the Pennsylvania Constitution.
Learn more about Governor Shapiro’s work to defend a woman's right to reproductive freedom and choice.
Media Contacts
Governor's Press Office
ra-gvgovpress@pa.gov 717-783-1116 Governor's Office Media
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