Rapp Reviewing Commonwealth Court Ruling Reversing Medicaid Abortion Coverage Ban

April 21, 2026

HARRISBURG - Rep. Kathy L. Rapp (R-Warren/Crawford/Forest), Republican chair of the House Health Committee, issued this statement following the Commonwealth Court ruling in the case Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services:

"The Commonwealth Court's ruling is an example of legislating from the bench. What started out as a case challenging the Commonwealth's ban of using taxpayer funds to pay for most abortions turned into a ruling that creates a constitutional right to reproductive autonomy. The ban on taxpayer funding of abortions was upheld by our state Supreme Court over four decades ago. Now, the judiciary has determined this same prohibition is unconstitutional. What this means is taxpayers will be required to fund abortions under our Medical Assistance program.

"But the court didn't stop there. It legislated ever further by declaring a constitutional right to reproductive autonomy. The case before the court did not need to be resolved with this sweeping declaration. This ruling strips away what the people, through their elected representatives, have continually declined to adopt.

"It is important to note that even with this ruling, the state still has a law regulating abortion in this Commonwealth - a law that was mostly upheld by the United States Supreme Court over three decades ago. But this ruling will now make it more difficult for the General Assembly to protect the lives of unborn children, thus denying them the right to equal protection under the law that this court ruling sought to accomplish.

"Despite this ruling, I will continue to advocate for the rights of the unborn."

Representative Kathy Rapp
65th District
Pennsylvania House of Representatives
Media Contact: Jake Gillespie
717.772.9834
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