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Supreme Court Weighs South Carolina’s Bid to Defund Planned Parenthood

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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.

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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.”

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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.

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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.”

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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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Another state bans ‘gas station heroin’ as officials warn of deadly risks

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Another state bans ‘gas station heroin’ as officials warn of deadly risks

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→ ‘Gas station heroin’ banned in another state amid nationwide crackdowns

→ New COVID variant spreads across US as CDC raises concerns

→ The real reasons you’re still exhausted after 8 hours of sleep

FDA Commissioner Martin Makary says tianeptine poses a “dangerous and growing health trend.” (Markus Scholz/picture alliance via Getty Images)

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→ March Madness sparks surprising surge in men’s sexual procedure

→ Cannabis benefits called into question in major study

→ ‘Call a Boomer’ payphones help cure loneliness across generations

Along a bustling sidewalk in Boston, a bright yellow payphone invites folks to “Call a Boomer.” (Matter Neuroscience)

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→ Eating meat tied to lower dementia risk, study suggests

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→ Stomach issues might have nothing to do with eating habits

→ Why your sugar cravings won’t go away, even after cutting sweets

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Dementia risk signals could lie in simple blood pressure readings, researchers say

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Dementia risk signals could lie in simple blood pressure readings, researchers say

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Simple measurements taken during routine blood pressure checks could predict dementia risk years before symptoms appear.

That’s according to new research presented this week at the American College of Cardiology’s Annual Scientific Session in Louisiana.

The findings draw on two studies led by researchers at Georgetown University, which suggest that monitoring how blood vessels age and stiffen over time can provide a window into future cognitive health.

LURKING DEMENTIA RISK EXPOSED BY BREAKTHROUGH TEST 25 YEARS BEFORE SYMPTOMS

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Data shows rates of dementia and aging-related cognitive decline are expected to increase as populations age, and half of U.S. adults have high blood pressure (hypertension).

Scientists believe that efforts to better address hypertension, a key contributor to heart disease and a risk factor for dementia, could affect both cardiac and brain health.

Data shows rates of dementia and aging-related cognitive decline are expected to increase as populations age. Meanwhile, half of U.S. adults have high blood pressure. (iStock)

“Blood pressure management isn’t just about preventing heart attacks and strokes; it may also be one of the most actionable strategies for preserving cognitive health,” Dr. Newton Nyirenda, the study’s lead author and an epidemiologist at Georgetown University in Washington, said in a press release.

The research focused on two metrics, the pulse pressure-heart rate index and estimated pulse wave velocity. Both were calculated using data collected during standard doctor visits, such as heart rate, age and blood pressure.

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“Blood pressure management isn’t just about preventing heart attacks and strokes; it may also be one of the most actionable strategies for preserving cognitive health.”

Researchers examined five years of data patterns for more than 8,500 people in the SPRINT trial, a large study of adults 50 years and older with hypertension. In the follow-up, 323 of the participants developed probable dementia.

HIDDEN BRAIN CONDITION MAY QUADRUPLE DEMENTIA RISK IN OLDER ADULTS, STUDY SUGGESTS

In one study, the team found the pulse pressure-heart rate index was a strong independent predictor of dementia risk in adults over 50. For participants under 65, every one-unit increase was associated with a 76% higher risk of developing dementia.

For participants under 65, an increase in the pulse pressure-heart rate index was associated with a 76% higher risk of developing dementia. (iStock)

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The second study found that adults with consistently elevated or rapidly increasing pulse wave velocity were more likely to develop dementia than those with stable velocity, even after accounting for factors like smoking, gender and cardiovascular history.

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“Our findings suggest that vascular aging patterns may provide meaningful insight into future dementia risk,” said Nyirenda. “This reinforces the idea that managing vascular health earlier in life may influence long-term brain health.”

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The team emphasized that clinicians should tailor risk assessments and treatment strategies to the individual.

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Further studies are needed to confirm these parameters and determine whether changing vascular aging trajectories reduces dementia risk. (iStock)

“You don’t want to wait until a patient starts manifesting cognitive decline before you act,” said senior study author Sula Mazimba, an associate professor at the University of Virginia.

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Researchers noted the study could not establish causation. Other limitations included the fact that participants already had hypertension and elevated cardiovascular risk, meaning the findings may not apply to people without those conditions.

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Further studies are needed to confirm these findings and to determine whether improving blood vessel health over time could reduce dementia risk.

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Everything You Need To Know About Zepbound for Weight Loss, Including Costs

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Everything You Need To Know About Zepbound for Weight Loss, Including Costs


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What Is Zepbound? Weight-Loss Benefits, Costs and Dosage




















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