Justices won't hear states' appeal over Planned Parenthood


WASHINGTON (AP) — The Supreme Court today avoided a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood, over the dissenting votes of three justices.

The court's order reflected a split among its conservative justices and an accusation from Justice Clarence Thomas his colleagues seemed to be ducking the case for political reasons. New Justice Brett Kavanaugh was among the justices who opted not to hear the case.

The two states were appealing lower court rulings that had blocked them from withholding money that is used for health services for low-income women. The money is not used for abortions.

Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.

Investigations sparked by the videos in several states didn't result in criminal charges.

The dispute at the high court has nothing to do with abortion, as Justice Thomas pointed out in a dissent that was joined by Justices Samuel Alito and Neil Gorsuch. Justice Kavanaugh's decision not to join the three justices was his first discernible vote on the court. Had he or Chief Justice John Roberts voted to hear the case, there would have been the four votes necessary to set the case for arguments.

The issue is who has the right to challenge a state's Medicaid funding decisions – private individuals or only the federal government. The states say the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear only the Secretary of Health and Human Services can intervene, by withholding money from a state.