The US Supreme Court declined to review two cases on Monday about a state’s ability to defund Planned Parenthood. By denying certiorari in Andersen v. Planned Parenthood and Gee v. Planned Parenthood, the Supreme Court let decisions from the US Court of Appeals for the Fifth and Tenth Circuits stand. Both held that 42 USC § 1396a(a)(23)  allows Medicaid recipients to challenge a state’s designation of who or what is a qualified Medicaid provider. Preserving this right of action blocked state attempts to refuse to reimburse Planned Parenthood for treating Medicaid patients.

Justice Thomas, joined by Justices Gorsuch and Alito, dissented from the denial of certiorari. “I suspect [the Court’s refusal to grant cert] has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood’,” said Justice Thomas in his dissent. “Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty. If anything, neutrally applying the law is all the more important when political issues are in the background.”

Four justices must agree for the US Supreme Court to hear a case and some pro-life activists are dismayed that Justice Kavanaugh and, to a lesser extent, Justice Roberts did not vote to grant certiorari. “We are disappointed the Supreme Court declined to hear this case,” said the Susan B. Anthony List, a prominent anti-abortion lobby. “The pro-life grassroots will not stop fighting until every single tax dollar is untangled from the abortion industry led by Planned Parenthood.”

Planned Parenthood president Dr. Leana Wen said: “We are pleased that lower court rulings protecting patients remain in place. Every person has a fundamental right to health care, no matter who they are, where they live, or how much they earn.”