Even a GOP Judge Agreed That Abortion Is a Constitutionally Protected Right
For the first time in 250 years, abortion is officially a protected right in the Pennsylvania Constitution.
On Monday, one of the state’s two appellate courts ruled in a 4-3 decision that “the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy,” striking down a decades-old policy that blocked Medicaid from covering abortions, meaning it disproportionately impacted low-income women.
The decision caps a years-long court battle that began in 2019, after Planned Parenthood and a group of abortion providers sued the state over the Abortion Control Act of 1982, which prohibited federal funds from covering abortion. The lawsuit argued that the Act violated the state’s Equal Rights Amendment.
“This ruling in Pennsylvania is a meaningful step toward ensuring that abortion care is accessible regardless of income or health coverage,” Kimya Forouzan, principal state policy advisor at the Guttmacher Institute, told Jezebel. “This decision could help alleviate the financial burdens that fall disproportionately on communities that have long been marginalized within the US health care system and represents a step forward for reproductive rights as other states erode access.”
BREAKING: 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…
— Governor Josh Shapiro (@GovernorShapiro) April 20, 2026
Judge Matthew Wolf, a Democrat, wrote the majority opinion, and was joined by the two other members of his party, with GOP Judge Renée Jubelirer breaking ranks to vote alongside them. GOP Judges Patricia McCullough, Anne Covey, and Stacy Wallace were the three dissenters—and accused the other four of allowing “abortions on-demand sought by Medical Assistance recipients.” Because on-demand care is, evidently, a constitutional nightmare!
“Today, the [Commonwealth] Court recognizes that the right to reproductive autonomy is the right to self-determination,” Susan Frietsche, an executive director of Women’s Law Project, told WHYY in a statement. “[It] recognizes that the guarantees of equality in our state Constitution would be a hollow promise if women and birthing people did not possess the ability to control their destiny.”
Gov. Josh Shapiro also celebrated the ruling, emphasizing that he’s “long opposed” the ban and that “a woman’s ability to access reproductive care should never be determined by her income.” Meanwhile, State Treasurer Stacy Garrity called the decision “not only misguided, [but] immoral,” later adding, “This callous ruling must serve as a wake-up call for November 3 and the elections that follow.” Garrity is the likely GOP opponent against Shapiro’s run for a second term in office this year.
But insofar as good news goes, Forouzan explains that the decision is “just the first step.” “Implementation of this policy will also shape its impact, and policymakers must also recognize that covering the procedure itself is only part of the expenses that patients must navigate when seeking care.”
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