Health
Supreme Court Weighs South Carolina’s Bid to Defund Planned Parenthood
The Supreme Court heard arguments on Wednesday in a case arising from South Carolina’s attempt to deny funding to Planned Parenthood. But the question the justices grappled with was a relatively narrow one, focused on whether individuals may sue the state to obtain medical services from Planned Parenthood unrelated to abortion.
In 2018, Gov. Henry McMaster of South Carolina, a Republican, ordered state officials to deny Medicaid funds to Planned Parenthood, saying that “payment of taxpayer funds to abortion clinics, for any purpose, results in the subsidy of abortion and the denial of the right to life.”
Medicaid gives federal money to states to provide medical care for poor people, but it sets some conditions. One is that eligible participants may receive assistance from any provider qualified to perform the required services.
Abortions are banned in South Carolina after six weeks of pregnancy, and, even then, federal law prohibits the use of Medicaid funding except in life-threatening circumstances or in cases of rape or incest. But Planned Parenthood clinics in Charleston and Columbia provide services unrelated to abortion, including counseling, physical exams, contraception and screenings for cancer and sexually transmitted infections.
Planned Parenthood and a patient who sought contraception sued under a federal civil rights law, and a federal trial judge blocked the South Carolina directive, saying that it ran afoul of Medicaid’s requirement that patients may choose any qualified provider.
The litigation that followed was convoluted and circuitous, focusing largely on whether that provision created a right that individuals could enforce by filing lawsuits. The Supreme Court has said that federal laws like Medicaid, which give money to states but only if they accept certain conditions, must “unambiguously confer individual federal rights” to give affected individuals the right to sue.
That is a hard test to meet, and the court has ruled that it has been satisfied only rarely, most recently in 2023 in Health and Hospital Corporation of Marion County v. Talevski, a case concerning nursing homes. The statute at issue in that case repeatedly referred to “rights” as such, while the Medicaid provision in the new case used different language.
It said people seeking medical services “may obtain such assistance from any institution” that is “qualified to perform the service or services required.”
Nicole A. Saharsky, a lawyer for Planned Parenthood, acknowledged that the standard was strict.
“It is a high bar to find that Congress put in place an individually enforceable right,” she said. “What we’re saying is that this provision meets the bar.”
Kyle D. Hawkins, a lawyer for the Trump administration, disagreed, saying the Medicaid provision lacked the required “unmistakable rights-creating language.”
Under the Biden administration, the government had taken the opposite position, which Mr. Hawkins acknowledged.
“With the change in administration,” he said, “the federal government re-evaluated its position in this case, and we believe that the view we’re advancing today is the best reading of the statute.”
The justices discussed at length whether Congress had to use “magic words” to allow people to sue. John J. Bursch, a lawyer with the Alliance Defending Freedom, a conservative Christian group that represents South Carolina, proposed a series of words Congress could use to grant an unambiguous right to sue.
“The list I would give you is rights, entitlement, privilege and immunities,” he said, adding that they did not amount to magic words.
In response, Justice Brett M. Kavanaugh said, “I’m not allergic to magic words because magic words, if they represent the principle, will provide the clarity that will avoid the litigation that is a huge waste of resources for states, courts, providers, beneficiaries and Congress.”
Justice Elena Kagan said the language in the Medicaid law could hardly be plainer. “The state has to ensure that individuals have a right to choose their doctor,” she said. “That’s what this provision is.”
Last year, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit, in Richmond, Va., ruled that the suit could proceed.
“This case is, and always has been, about whether Congress conferred an individually enforceable right for Medicaid beneficiaries to freely choose their health care provider,” Judge J. Harvie Wilkinson III wrote for the panel. “Preserving access to Planned Parenthood and other providers means preserving an affordable choice and quality care for an untold number of mothers and infants in South Carolina.”
He added that “this decision is not about funding or providing abortions.”
Abortion was mentioned only in passing in Wednesday’s argument in Medina v. Planned Parenthood South Atlantic, No. 23-1275, and the case did not turn on the state’s reason for trying to disqualify Planned Parenthood. But Ms. Saharsky said the dispute presented issues beyond a technical one about who can sue.
Congress, she said, had tried to send a message: “We want people on Medicaid who are insured through Medicaid to have the same right that people who have private insurance enjoy because it’s so foundational to individual dignity and individual autonomy.”
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Health
Parasitic infection causing ‘explosive’ stomach illness exceeds 1,000 cases in northern state
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Cases of cyclosporiasis infections are rising across America, with more than 1,000 people diagnosed in Michigan and more than 500 in Ohio.
This is the largest outbreak of its kind in Michigan’s history and one of the country’s largest in years, according to the Associated Press.
The parasitic infection can cause weeks of watery diarrhea. The source of the infections has not been identified and no deaths have been reported.
MYSTERY PARASITE LEAVES AMERICANS BATTLING ‘EXPLOSIVE’ ILLNESS AS CDC INVESTIGATES
Michigan officials announced the outbreak last week following the identification of more than 170 cases since June 22 in the southeastern part of the state. Typically, only about 50 cases are identified in Michigan each year, according to AP.
A cyclospora infection often causes watery, “explosive” diarrhea that can last for weeks or even months if left untreated, the CDC says. (iStock)
Similar illnesses have been reported in 28 other states, including neighboring Ohio, where diagnoses have popped up across the Michigan border.
Cases have been climbing since the CDC identified an uptick in infections in mid-June, with illnesses now reported in dozens of states.
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Michigan has now reported more than 1,200 cases and at least 40 hospitalizations. In Ohio, northwest counties have identified more than 500 cases, including at least 306 in Lucas County, according to the latest available local figures.
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Texas has reported at least 48 cases, and illnesses have been identified in numerous other states as health officials investigate the source.
The hallmark symptom of a cyclospora infection is watery, often “explosive” diarrhea that can last for weeks or even months if left untreated, the CDC says.
Other symptoms of cyclosporiasis include severe abdominal cramping, bloating, nausea, fatigue and significant weight loss. (iStock)
Other symptoms include severe abdominal cramping, bloating, nausea, fatigue and significant weight loss.
The official outbreak season for the parasite runs from May 1 through Aug. 31, a window where warmer temperatures historically coincide with a spike in infections, according to the CDC.
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While the infection can sometimes clear up on its own, it frequently requires antibiotics. The CDC advises anyone experiencing symptoms of cyclosporiasis to contact a healthcare provider for testing and treatment.
The CDC, alongside the Food and Drug Administration and state health officials, is actively investigating several multistate clusters, but they have yet to find a cause behind the spread.
Fresh produce should be washed thoroughly before eating, although this may not eliminate the risk of infection, the AP noted. (iStock)
Past infections have reportedly been linked to consuming contamined fruits or vegetables, or being exposed to contaminated irrigation water.
Fresh produce should be washed thoroughly before being eaten, although this may not eliminate the risk of infection, the AP noted.
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Michigan officials recommend purchasing salad mixes or whole heads of lettuce instead of pre-washed, bagged lettuce. Remove two to three leaves from the outer layer of the lettuce head before washing and cook vegetables when possible.
Fox News Digital’s Khloe Quill contributed to this report.
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Washington, DC – GLP-1 weight-loss drugs have become a prevalent part of American healthcare, and the current administration is getting behind the movement.
In an exclusive interview with Fox News Digital at the Great American State Fair in the nation’s capital on July 6, CMS Administrator Dr. Mehmet Oz voiced his support for the use of GLP-1 (glucagon-like peptide-1) medications, such as Ozempic, for appropriate uses.
“I’m a fan of GLP-1 drugs when used correctly,” he said. “They do help people who are overweight lose weight quite effectively. They’re not a replacement for diet and exercise, but they might jumpstart the system so it’s easier for you to use healthier tactics.”
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This is especially helpful for those who may have trouble moving due to joint pain or are experiencing internal dysfunction, Oz said.
Certain GLP-1 drugs are covered by Medicare for overweight candidates with certain conditions, such as high blood pressure and diabetes, and Oz projected the benefits will continue to benefit taxpayers.
Dr. Mehmet Oz is pictured in Washington, D.C., at the Great American State Fair, where he spoke about federal health policy. (Angelica Stabile/Fox News Digital)
“We believe these are so effective in reducing conditions like high blood pressure and diabetes that they’ll actually save money for the federal taxpayer, because [they’re] going to make you healthy enough that you don’t have to consume health services,” Oz said.
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“We think about 70% of all the money we spend on healthcare is caused by chronic conditions, and obesity is the No. 1 driver of all that, so it’s a smart decision.”
Oz recently announced the launch of the Medicare GLP-1 Bridge program, which will allow more seniors to access GLP-1 drugs for only $50 a month if they meet qualifying health criteria and receive prior authorization from a doctor.
The doctor expressed support for broadening affordable access to GLP-1 medications for Americans. (iStock)
“There are a lot of overweight people who don’t have high blood pressure, diabetes or other conditions, so they don’t get access to the drug normally,” he said. “We want them to have the ability to use it as well.”
Although these access shifts could boost Americans’ overall health — and in some cases could be lifesaving — Oz noted that there is “no silver bullet” when it comes to these medications.
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“I love the fact that the innovation that’s coming out of pharmaceutical companies is allowing us to save lives and make lives better,” he said. “But the real secret to longevity is eating right, exercising, sleeping, dealing with the stress of your life, finding some purpose in your existence [and] realizing you have agency over the future.”
“These are things that your mom would have told you [and that] you don’t need a doctor to be emphasizing.”
Medicating appropriately, combined with eating right, exercising and staying connected with others, can help make health goals attainable, the doctor said. (iStock)
While GLP-1s may not be a fix-all, combining these medications with foundational health practices “makes a lot of sense,” Oz said.
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“I don’t want people being fat-shamed … I don’t want you feeling guilty that you’re gaining weight even though everyone else around you seems to have figured it out,” he said. “It’s not that simple — our set points for hunger are different. We have different things going on in our lives.”
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“But if you realize how precious you are — the temple of the soul is so valuable. It’s the greatest gift your parents ever gave you, and you take advantage of every tool out there to make it work … which includes using medications when appropriate. That, to me, is MAHA.”
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