PITTSBURGH, PA — November 5, 2025 Oral arguments were heard on Wednesday in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services. This is a case that could redefine Pennsylvania’s abortion laws and determine whether taxpayers will be forced to fund elective abortions through Medicaid.
At issue is whether the Pennsylvania Constitution contains a right to abortion or taxpayer-funded abortions. It does not, yet those in the business of killing unborn children, led by Planned Parenthood and the Women’s Law Project, are asking the courts to invent one.
Shapiro Administration Sides with Abortion Industry
Earlier this year, Governor Josh Shapiro and the Department of Human Services refused to defend the state’s 40-year-old restrictions on taxpayer funding of abortion and instead sided with Planned Parenthood (one of his major campaign contributors), a clear conflict of interest. Representing the Shapiro administration, Deputy General Counsel Aimee Thompson joined the argument alongside abortion industry attorney Elizabeth Lester-Abdalla of the Women’s Law Project.
Attorney General’s Office Steps Up to Defend Pennsylvania Law
With Shapiro refusing to defend the law, Attorney General Dave Sunday’s office took up the mantle of defense. Senior Deputy Attorney General Michael Scarinci represented the Commonwealth and delivered strong arguments upholding both women’s well-being and the state’s compelling interest in protecting unborn life.
Scarinci argued that abortion is not healthcare but a practice that not only ends the life of an unborn human being but also harms women emotionally, physically, and psychologically. He cited studies from the Charlotte Lozier Institute linking abortion to increased risks of substance abuse and suicide, a point reinforced in the Independence Law Center’s amicus brief filed on behalf of eight Pennsylvania women who were harmed by their abortions.
Judge Cheryl Lynn Allen (ret), Of Counsel with the Independence Law Center and a former Pennsylvania Superior Court judge, underscored that this case also exposes abortion’s racial injustice:
“For decades, the abortion industry has disproportionately targeted Black women under the guise of ‘choice’ and ‘healthcare.’ The data show this is not access—it’s exploitation. Nearly half of all Black pregnancies in some states end in abortion, a devastating legacy rooted in eugenics and racism.”
As noted in the 2025 State of Abortion report, “15,474 or 44% of 2023 abortions performed in Pennsylvania were done on black women, a gross disparity, considering that black Pennsylvanians make up only 12.4% of the Commonwealth’s population.⁶ This is the highest number of black unborn children killed in 10 years.”
Judges Press the Abortion Lobby on “Bold Assertions”
During oral arguments, Judge Patricia McCullough challenged the abortion industry’s side-stepping of the actual issues in the case, and their sweeping claims, describing their legal assertions as “unsupported by the facts.” Much of the abortion industry’s arguments rested on a false premise that the Pennsylvania Constitution recognizes a right to abortion, revealing the true goal of the abortion lobby’s lawsuit: to establish a court-imposed “right to abortion” that could overturn decades of pro-life protections.
Abortion attorney Lester-Abdalla argued that the Medicaid restrictions are “too broad” because they exclude cases where a baby is already deceased in the womb. This is a deceptive and false claim that treats a miscarriage or nonviable pregnancy as an abortion.
What’s at Stake
A ruling for the abortion industry would have sweeping consequences:
- It could force Pennsylvania taxpayers to fund abortions.
- It could strike down long-standing pro-life protections, including the 24-hour waiting period, informed consent, and 24-week abortion limit.
- It could open the door to abortion through all nine months of pregnancy, paid for with taxpayer dollars.
Reflecting on the day’s arguments, Jeremy Samek, Senior Counsel and Chief of Staff at the Independence Law Center, emphasized what’s truly at stake:
“The issue before the Court is not just about funding — it’s about whether judges will rewrite our Constitution to create a right that simply isn’t there. Pennsylvania’s Constitution has never guaranteed a right to abortion or taxpayer-funded abortions, and the Court should resist any attempt to invent one now.”
This case has already been before the Pennsylvania Supreme Court once, where a slim majority overturned 40 years of precedent. The Commonwealth Court’s ruling will likely send the case back to the high court for a final decision.
Voices for the Harmed and Unborn
The Independence Law Center’s amicus brief highlights the voices of eight women whose abortions left lasting emotional and physical scars. Many were pressured or deceived into abortions by partners or family members. Their experiences testify that expanding abortion funding does not bring freedom or healing, only more harm.
Their stories, combined with research and data, demonstrate the Commonwealth’s compelling interest in protecting both women and unborn life.
Follow the Money
Beyond the constitutional arguments, financial motives also help explain why Planned Parenthood and its allies are pressing so hard for state-funded abortions. According to a Live Action News analysis of IRS filings, many Planned Parenthood affiliates were running large operating deficits.
The report found that roughly half of affiliates were showing financial trouble, with deficits ranging from $1 million to more than $16 million in a single year.
In Pennsylvania, two of the state’s largest affiliates—Planned Parenthood Keystone and Planned Parenthood of Western Pennsylvania—both operated in the red in 2023. Keystone reported a $1.2 million deficit on $15.6 million in revenue and $16.8 million in expenses, while spending over $8.3 million on salaries and benefits.
Western Pennsylvania reported a $1.1 million deficit, with $7.8 million in revenue against $8.9 million in expenses, including $5 million in compensation.
These numbers make clear why the abortion industry is desperate for taxpayer dollars.
A Call to Prayer
As the case moves forward, Pennsylvania stands at a crossroads between protecting life and surrendering to judicial activism that would mandate taxpayer-funded abortion.
We ask all Pennsylvanians to pray for a just outcome. Pray that truth and compassion prevail at the Commonwealth court and in their decision. And pray that our laws continue to reflect the dignity of both women and their unborn children.
