PA Supreme Court Decision Sends Abortion Funding Case Back to the Lower Court
HARRISBURG, PA –The Pennsylvania Supreme Court has ruled that a lower court must decide whether to allow taxpayer funding of abortion in the Keystone State.
In Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services, the PA Supreme Court issued a highly complex decision of more than 200 pages, remanding a Medicaid abortion case back to Commonwealth Court. The state Supreme Court’s 3-2 decision demonstrates the highly-divisive nature of the ruling, which involves when taxpayers will be required to pay for abortions. For decades, Medicaid abortions in Pennsylvania have been limited to the rare cases of rape, incest, or to save the life of the mother.
“The vast majority of Pennsylvanians do not want to see their hard-earned tax dollars spent on abortion, which is the taking of an innocent, unrepeatable human life,” said Maria Gallagher, legislative director of the Pennsylvania Pro-Life Federation, the Keystone State affiliate of National Right to Life.
“Research clearly indicates that, when taxpayer funding of abortions occurs, abortion totals skyrocket. More than 34,000 abortions took place in Pennsylvania in 2022, according to statistics from the PA Department of Health. That’s truly alarming,” Gallagher added. “The women of the Commonwealth and their babies need comprehensive care and support, not a blank check for taxpayer-funded abortions.”
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The Pennsylvania Pro-Life Federation is a grassroots right-to-life organization with members statewide. As the state affiliate of National Right to Life, PPLF is committed to promoting the dignity and value of human life and to restoring legal protection for preborn children.
Remarks Delivered Before The Magee-Womens Hospital Board
Good afternoon. My name is Christopher Pushaw. I am the Executive Director of the Pennsylvania Pro-Life Federation. We thank the Board for allowing the Federation time to speak with respect to how Magee-Womens Hospital provides fetal tissue specimens to the University of Pittsburgh for its conduct of related experimental research. [1]
This concern arose from a 2020 FOIA request, which revealed that in a grant application made to NIH, the University noted [2] that it “record[s] the warm ischemic time on our samples and take steps to keep it at a minimum to ensure the highest quality biological specimens.”
One of the best procedures to preserve this “warm ischemic time” is through “labor induction” abortion, [3] which can occur during the third trimester. This procedure is considered desirable in order to obtain “high quality” samples, since other procedures can mutilate the tissue and render it unusable.
Specimens obtained through “labor induction” abortion raise the concern that at least some of them come from fetuses that survive an abortion and/or are delivered beyond the 24-week cutoff contained in the Pennsylvania Abortion Control Act. Section 3212 of the Act provides that any child that survives an abortion shall not be denied care or treatment. Section 3216(a) prohibits “nontherapeutic experimentation…upon any child born alive during the course of the abortion.” [4]
Induction abortion methods used for fetal collection purposes call into question whether the abortion doctor takes steps immediately to preserve the lives of delivered fetuses that show signs of life and/or whether a fetus that survives the abortion then loses its life by virtue of having its organs removed for research purposes.
To our knowledge Magee has not publicly shared how it gathers these fetal specimens, whether such collection involves labor induction abortion, or whether such procedures comply with state law.
For its part, the University hired a law firm at the end of 2021 to address concerns arising from its fetal experimentation practices in general. However, the firm’s findings only heightened concern regarding Magee’s role in providing fetal specimens. A closing recommendation called for “enhanced oversight” by the University of its tissue collection protocol… “to ensure compliance with applicable laws and policies.” [5]
However, the report suggests that such oversight would not extend to how Magee obtains its fetal tissue specimens. The report [6] states: “…, we did not review the clinical decision-making or delivery of medical care, such as abortion, by individuals serving in their capacity as University of Pittsburgh Medical Center (UPMC) employees. “
Moreover, the report states that formal review by the University’s Institutional Review Board over the “method by which the researcher will obtain human fetal tissue” can qualify for an exemption” provided such tissue is “de-identified.” [7] The report does not explain how the “de-identification process” works.
If the IRB did not investigate how the fetal tissue was collected based on this exemption, it still begs the questions that would have been central to the investigation before it and the law firm– namely, what abortion procedures were used in the process of collecting these fetal specimens, whether some fetuses survived these abortions and whether continuing the procedure at that point induced fetal demise.
We would respectfully request that Magee Hospital address the issue of whether it in fact complies with Pennsylvania law in its fetal tissue collection practices. The Federation raises these questions on behalf of Pennsylvania citizens who deserve an answer and thank the Board for addressing them.
References:
Citations:
[1] – https://www.foxnews.com/us/pittsburgh-investigation-fetal-tissue-probe-cone-silence
[2] – https://www.judicialwatch.org/hhs-documents-organ-harvesting
[4] – https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=32
[5] – FN Hyman, Phelps & McNamara, P.C., Regulatory Assessment of Human Fetal Tissue Research at the University of Pittsburgh (December 21, 2021), at 26. Regulatory Assessment of Human Fetal Tissue Research (00877347-2)[4].PDF (pitt.edu)
[6] – FN Hyman, Phelps & McNamara, P.C., Regulatory Assessment of Human Fetal Tissue Research at the University of Pittsburgh (December 21, 2021), at 5. Regulatory Assessment of Human Fetal Tissue Research (00877347-2)[4].PDF (pitt.edu)
[7] – FN Hyman, Phelps & McNamara, P.C., Regulatory Assessment of Human Fetal Tissue Research at the University of Pittsburgh (December 21, 2021), at 2. Regulatory Assessment of Human Fetal Tissue Research (00877347-2)[4].PDF (pitt.edu)
Additional Reading:
Emails Suggest NIH, Pitt Colluded To Cover Up Experiments On Babies (thefederalist.com)
Statement on Fetal Experimentation
Dear Rep. Bernstine and Rep. D’Orsie,
Thank you for your steadfast commitment to protecting pregnant women, preborn children, people with disabilities, and the frail elderly. We appreciate your consistent support for safeguarding innocent human life.
The Pennsylvania Pro-Life Federation has been a strong and clear voice in defense of the most vulnerable among us since 1979. Our members were instrumental in the successful passage of the 1989 Abortion Control Act, which became a model for the rest of the nation and was the basis of the 1992 U.S. Supreme Court case Planned Parenthood v. Casey. That groundbreaking legislation included an important provision regarding fetal experimentation in Pennsylvania.
The Pennsylvania Pro-Life Federation strongly opposes the use of aborted baby body parts in gruesome scientific experimentation. We remain committed to ending this grisly practice, which represents a defilement of human remains and promotes abortion—the taking of an innocent, unrepeatable human life. We condemn the use of our hard-earned taxpayer dollars to pay for such inhumane experimentation. We continue to work toward ending federal grants from the National Institutes of Health which pay for this ghastly practice.
The Federation encourages the General Assembly to determine whether such experimentation at any academic institution in Pennsylvania violates the fetal experimentation section of the Abortion Control Act so that it can be prosecuted to the fullest extent of the law.
We look forward to working with you to protect innocent human life in the Commonwealth of Pennsylvania.
Sincerely,
Susan Rogacs
President of the Board of Directors
Help Pregnant Women Now!
On the evening of August 3, after he signed the Commonwealth’s budget, Governor Shapiro shockingly let out a press release stating he was not going to renew the Real Alternatives Contract that provides statewide pregnancy and parenting support to women experiencing an unexpected pregnancy. See www.RealAlternatives.org/dhscontract.
Please take these three actions below to restore the award winning taxpayer-funded pregnancy and parenting support program that has provided alternatives to abortion to 350,000 women in the Commonwealth the last 27 years!
Encourage your Pennsylvania Senators and Representatives to do whatever it takes to renew the Real Alternatives contract!
1) CALL and e-mail your state representatives and ESPECIALLY your senators:
To send an immediate message and call your state legislators, click here.
2) CALL the pro-life PA senate leadership and PA pro-life house leadership:
Pro-life Leadership in the PA Senate and House:
PA Senator Kim Ward – Senator Pro Tempore: (717) 787-6063
PA Senator Joe Pittman– Senate Majority Leader: (717) 787-8724
PA Senator Scott Martin– Senator Appropriation Chairman: (717) 787-6535
PA Representative Brian Cutler– House Minority Leader: (717) 783-6424
PA Representative Seth Grove– House Minority Appropriations Chair: (717) 783-2655
3) E-MAIL the two pro-life PA House democrats:
To send an immediate message to the two pro-life Democrats, click here.
Gríma Wormtongue Sways Shapiro Government
If you have watched The Lord of The Rings, you must be familiar with Gríma Wormtongue, the snake tongued advisor, who whispers poison into the ears of the king, weakening his resolve to rule justly. The effect of Planned Parenthood’s whisperings into our Governor’s ears is certainly evident in his latest announcement to defund Real Alternatives – an organization that provides real alternatives to abortion by offering maternity and baby care, counselling, adoption referrals and pregnancy resources.
The greed of evil lies in this: not only does it demand to exist but insists that good be destroyed for its sake. While the government pressroom celebrated the retiring of Real Alternatives contract as a “Major Win For Women’s Health”, it begs the question: how is this a win for women seeking to continue their pregnancies if their funding is taken away and given to those who have vowed to kill their babies for them?
Seeking counsel from providers of death in his first week in office, Shapiro has continued to advance their agendas in the name of “women’s healthcare”. Pregnancy Centers do more for pregnant mothers than Planned Parenthood ever has. Women who choose to bring their babies into this world deserve care and support from those who care for them and their children. Real Alternatives centers do that.
To this day, the State of Pennsylvania has modelled what pregnancy resources can do for expectant mothers and has seen the benefit of having a state-funded program that help families thrive. Breaking “the pattern” that has been recognized by both parties over the years, is both unnecessary and unhelpful to thousands of women across the Commonwealth.
Governor Josh Shapiro declared, “Pennsylvanians made clear by electing me as Governor that they support a woman’s freedom to choose, and I will be steadfast in defending that right” (emphasis added). Do you think he knows that women choose pregnancies if help is available?
While we continue to fight this injustice, would you join our efforts to urge the Governor to reconsider retiring Real Alternatives’ Contract? You can send a message to PA State Representative and Senator here or email the Governor here
Reproductive Justice or Entitlement?
Since the overturn of Roe v Wade, the general outcry of the pro-abortion movement for women’s reproductive healthcare has heightened. Confusion seems to abound around the topic of available healthcare for women experiencing difficult pregnancies.
It is noteworthy that so many people have been indoctrinated into a culture of choice that primarily speaks death over their unborn, that we have forgotten what reproductive healthcare is really for.
Healthcare in every area is provided to re-establish health or improve any ailing physical or mental conditions. A good friend of mine, who is a gastroenterologist treats patients whose digestive organs fail or don’t function optimally. His job as a healthcare provider is to do everything in his power and expertise to restore health to the individuals who come to him. I imagine there would be serious outrage if he were to do surgery on a perfectly functioning digestive system.
Why does that not apply to reproductive healthcare? Pregnancy is a sign of a healthy reproductive system. It’s not a disease or an ailment to be treated. There are women who struggle with infertility seeking medical help and interventions because they know that their bodies are unable to do what it should be doing naturally.
Over the years, reproductive healthcare has expanded to include procedures and treatments to condition a woman’s body to perform contrary to normal functions. Hormonal pills which were designed to help regulate irregularities in menstrual cycles are recommended as birth control to young girls whose bodies are still developing.
The abortion industry is NOT reproductive healthcare as it targets a perfectly functioning reproductive system and kills the new life that is formed simply for the sake of business and profit. Veiling this horrible evil with terms like “reproductive healthcare” does not change the fact that abortion invades a well-functioning organ in a woman’s body, ripping out her child and scarring her physically and emotionally.
It is common knowledge that you can get pregnant if you have sex. There is no way to undo this natural law. Reproductive healthcare must extend to every individual involved – the mother and the baby growing in her womb. That’s reproductive justice. “Justice” gained by the annihilation of the innocent is entitlement, not justice.
Since the Dobbs decision, there have been concerns among women that healthcare interventions will be withheld in the case of pregnancy complications that pose a threat to the mother’s life. An abortion ban does not restrict access to healthcare that could potentially cause the natural termination of the baby in the course of the treatment to save the mother’s life. This is different from inducing abortion for the sole purpose of ending the life of the unborn baby.
The demand of abortionists and activists is not for healthcare or choice, but for the right to live without responsibility from the moral and natural consequences of their choices. Choices that they have already made. Natural order follows that every choice has a consequence. To choose is to take responsibility for the consequences that ensue. Maybe it’s time they reconsidered using the word “pro-choice” and used “self-entitled” instead?
Abortion Is Never A Humane Choice
News articles such as these are frequently making the rounds into our media feeds. In this article, I want to call particular attention to the instances being used by secular media to promote abortion as healthcare, usually citing cases of fatal prenatal abnormalities.
Riding on the waves of sentimentality, mainstream media is promoting abortion as the best available choice for women. But the fabric of humanity is not made entirely of emotions alone. It is a tapestry of physical, emotional, psychological, moral and spiritual components weaving together, every part as important as the other.
Medical science is greatly helpful in diagnosing the condition of a baby in utero. It is a shame when medical professionals presume to use this knowledge to tell parents they can now decide to actively “terminate” their baby. To offer parents the sole choice of suffocating or dismembering their non-viable baby, in order to alleviate the temporary emotional distress they might be experiencing is exposing them to long lasting psychological and emotional trauma.
Death of a child is extremely traumatic for parents. Counting down the days, knowing that your baby won’t make it can be understandably agonizing. Grieving is a necessary part of dealing with that trauma. But to be responsible for inducing an early death by cruel and painful methods is a burden that parents should not be forced to carry.
With Planned Parenthood and pro-abortionists selling the lie that it is a quick in and out procedure with no details of what the procedure really is, I truly believe that most parents given a limited time to make a life or death decision are choosing abortions ignorant of what it entails.
I hold no judgement towards parents who choose abortion in a period of great vulnerability. But to those who provide this as the optimal solution, what do we say? Isn’t there anything to be said for the morality of the act or the humanity of the child? To put parents in the position of having to kill their own babies, babies they had dreams and hopes for? And to journalists and media personalities who uphold abortion as “the ultimate savior of women”, what do we say? Of course, these emotionally charged stories strike a note with readers (because who among us haven’t experienced loss and suffering?) but they are also what drive mobs beyond the realms of rationality! They can be a powerful tool to evoke empathy but they must never be used to dull consciences and sway us away from reason.
For the sake of simplicity, I refer to this article, where two arguments are made: first, carrying the baby to term put (mother’s) life at risk because of preexisting conditions. I expect this would have been a concern even if the baby was completely healthy. Isn’t this a risk that was taken into consideration early on in the pregnancy? Wouldn’t appropriate medical attention and care be extended to her if her baby didn’t have the diagnosis? So why is that choice withheld from her in this situation?
Some other articles mentioned doctors not fearful of treating at-risk women due to abortion laws. Unfortunately, medical professionals have been trained and empowered to take the lives of the unborn in such cases. Abortion law does not prevent a mother whose life is in danger from receiving the treatments she needs even if it results in the loss of the baby’s life. This is done by inducing labor or delivering the baby alive through medical interventions. The difference may seem subtle but has enormous weight in the decision making. Perhaps this is an invitation for those in the medical field to grow in their competency and discretion by reviewing case by case. Abortion has been the norm for far too long.
The second reason cited was, “to prevent (the baby) suffering”. Studies show that babies in the womb as young as 15 weeks can feel pain. If the baby could speak for himself, I’m certain that the comfort of their mother’s womb in their suffering would be greatly preferred to the methods used for abortion. But of course, “fetuses” can’t speak and hence we assume that they would choose death for themselves if they could.
I reckon it is far easier living with the natural death of a child than having to live with deliberately choosing to end your child’s life.
Most of us are capable of rational, moral decision-making no matter how deep our emotions may run. (It’s probably the only thing keeping many of us from prisons!) This is precisely why when parents are faced with the discovery of their child’s fatality, we as a community including family and friends, medical professionals, media persons, spiritual leaders, and everyone involved, must rally to support them emotionally and rationally in the midst of a crisis instead of pushing them to make choices they may come to regret with time. And there are other choices! I contend that a truly compassionate approach would be to give the choice of living out their parenthood in the brief time they have with their baby than to rip that privilege away from them.
It is still their baby, viable or not. If non-viability is what determines the choice for abortion, perhaps it is because we have told them that the child is of better value to them dead than suffering – physically, financially and emotionally. Would we take this approach with babies outside of the womb? Would we kill a child who was dying just to spare parents emotional anguish?
Currently, 80% of parents with fatal prenatal diagnosis abort their babies. When offered the right kind of perinatal hospice care, 75-85% of parents are likely to carry their babies to term despite the circumstances.
Parents have a right to be allowed to grieve while also acting humanely towards their unborn. I would argue that those in the medical field have a duty to expend all options of real healthcare for women in difficult pregnancies without offering abortion first. To not do so is to unnecessarily make their non-viable baby a threat to the parent’s well-being.
When the fatal instruments have been put away, when the news story has run its course and all is silent, will their grief echo consolation or despair at what was chosen?
Remember I said there are other options? Be Not Afraid (BNA) offers support to parents carrying to term following a prenatal diagnosis. BNA along with Heartbeat Int’l, Charlotte Lozier Institute and Her Plan is working on a national initiative to create a prolife network of service providers who can offer case management support to parents carrying to term following a prenatal diagnosis. They offer training to organizations in developing their own BNA-modeled service. Find more information on www.prenataldiagnosis.org.
World, Could You Please Make Up Your Mind?
The champagne carpets were rolled out.
The stage was set.
The winners were decided.
The Oscar ceremony unfolded in a celebration of fashion, culture and talent on Sunday.
Amidst the glitz and glam, the audience witnessed a number of what I believe to be pro-life moments on and off stage.
(Did you notice how many mothers were thanked at the Oscars???)
One among the winners who walked up the stage to receive the honor of the coveted golden statue was James Martin. Surrounded by the directors and a co-actor of An Irish Goodbye, he was celebrated on stage with these heartwarming words by Tom Berkeley, “This award is actually the second most important thing about today because it’s this man’s birthday… We’d love to use the rest of our time up here to sing for him.” They proceeded to sing Happy Birthday to him as the audience joined in.
What is striking about this scene is that the world is full of praise for this man who made history as the first actor with Down Syndrome to win an Oscar while also holding strongly to the conviction that the law must allow children with disabilities to be aborted.
Ironically for James Martin, the United Kingdom, from whence he hails, has a law that permits abortion up to birth when “there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped” which includes Down’s Syndrome.
Last year, Heidi Crowter, a 27 year old woman with Down’s Syndrome, appealed over this law and lost. When asked to comment, the chief executive of the British Pregnancy Advisory Services, Clare Murphy is reported to have said, “There is no contradiction between a society which champions the rights of disabled people and one which allows women to make difficult decisions in heart-breaking situations.” She is reported to have further commented that the case was an attack on pregnant women’s rights – “not just to abortion, but to making their own decisions during childbirth”.
But I ask, isn’t there a contradiction? How are we championing the rights of disabled people if we are also championing mothers who end these very lives?
The argument is always that the woman’s right to be able to live a fulfilling life would be significantly crippled by having a child that needs special attention, that a Down Syndrome child will make life more difficult for her than a normal child, that the child will not have “the quality of life” he deserves. And hence, must be allowed by law to “terminate the baby”. There is little to no threat to the mother’s life or health in these circumstances, not any more than in the usual cases. To promote the idea that any child, able or disabled, needs to die for a woman to live as she wants is greatly misguided.
According to United States Congress Joint Economic Comittee, up to 60-90 percent of babies predicted to be born with the condition is lost to abortion in the US. If given a chance who knows what beautiful things they might go on to do. Of course not every person with Down Syndrome will make it to the Oscars or make it big in the world. But if we were to put people in categories of abled and disabled, I’m sure the statement will remain true for both. On what basis do we decide which ones to terminate and which ones to keep?
Interestingly, gong back to the Oscars, a lot of the winners in their acceptance speeches, spoke of struggles, of failures and almost giving up, of family and friends who supported them. Many of them also spoke of their mothers. Acknowledging the sacrifices they made for them, grown men and women talked about bringing their winning trophy home to their mothers.
Human beings have always been a species of resilient creatures. Struggling is how we’ve made it. When a new life comes into being, it is important to recognize that challenges will arise. And how we make it through them determines so much of the outcome. We are capable of creative problem solving, of rising above our circumstances and finding ways for both mother and child to live extremely fulfilling lives. But if the first choice offered is to take the easy way out, where does that leave them both?
By pushing abortion in any case is to limit the endless possibilities that can be. One family’s choice to explore their options led to medical history. Adiah Laelynn and Adrial Luka Nadaraja were born at just 22 weeks, according to Guinness World Record, the world’s most premature twins. And now history is being made in the entertainment industry by someone who would have been a “choice”. When will the world that celebrates the successes of people it qualified for abortions, wake up to the paradox of its own making?
On a parting note, kudos to the team of An Irish Goodbye for recognizing that even winning the Oscar comes only second to the person of James Martin as they celebrated his birthday.
Prevent Abortion in Lancaster!
Planned Parenthood Keystone has asked the Commonwealth for an exception to the rule requiring a transfer agreement with a local hospital.
This situation potentially puts women at serious risk of harm should abortion complications arise.
We need to make it clear to the Pennsylvania Department of Health that Planned Parenthood does not deserve an exception.
Please email ra-paexcept@pa.gov and let them know it would be dangerous to grant an exception to Planned Parenthood and that the plan needs to be stopped for the well-being of women in Lancaster.