AFA of PA ACTION ALERT
July 24, 2024
Issue
Shapiro and Henry Not Doing Their Jobs
Details
In 1985 the Supreme Court of Pennsylvania ruled that the Medicaid coverage ban enacted via the Abortion Control Act was constitutional in a case called Fischer v. Department of Public Welfare. However, on January 16, 2019 Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services was filed in Commonwealth Court by Planned Parenthood and the Women’s Law Project. According to them the goal was to get a court ruling that overturned Fischer and “that the state’s Medicaid abortion coverage ban violates the Equal Rights Amendment and equal protection provisions of the Pennsylvania Constitution.”
On January 29, 2024, the Pennsylvania Supreme Court issued a ruling that overturned Fischer v. Department of Public Welfare and sent the case back to the Commonwealth Court. According to Planned Parenthood and the Women’s Law Project, “Overturning Fischer represents a sea change in the legal framework for challenging abortion restrictions in Pennsylvania.”
Last week the Shapiro Administration “filed a notice with Commonwealth Court in the case of Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, pledging to ensure equitable access to reproductive health care for all state residents, regardless of their economic status.”
Shapiro said, “My Administration looks forward to making our arguments in Court and is urging the Court to strike down this ban that denies Pennsylvanians access to health care solely because of their sex and clearly runs counter to the recent Supreme Court ruling.”
However, the first sentence in Article IV, Section 2 of the PA Constitution says, “The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed.” According to the attorney general’s website, “The Attorney General is Pennsylvania’s top law enforcement official.” So . . . the law as enacted by the PA legislature is that Medicaid money cannot be used for abortions. Isn’t it thus the job of the governor to faithfully execute the law and for Attorney General Michelle Henry to enforce the law??
Action Steps
Contact Governor Josh Shapiro’s office and let him know your thoughts on his decision not to carry out his constitutional duty to take care that the laws be faithfully executed. You can call his office at 717-787-2500 or use the contact form here
Also, contact your State Rep and State Senator by clicking here and ask them to hold Governor Josh Shapiro and Attorney General Michelle Henry accountable. Constitutionally, they do not have the authority to pick and choose which laws they will execute/enforce.
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