Facts of the Case

In the wake of the Court's decision in Roe v. Wade, abortion opponents turned to state and local legislators in an effort to curb the practice of abortion. This case involved a Pennsylvania law which restricted Medicaid-funded abortions only to indigent women in situations in which a doctor determined the procedure was medically necessary.

Question

Did Title XIX of the Social Security Act require states that participate in the Medicaid program to fund the cost of nontherapeutic abortions?

Conclusion

No. The Court held that states could exclude nontherapeutic abortions from coverage under their Medicaid programs. Justice Powell argued that in its provisions, Title XIX of the Social Security Act made no specific reference to abortion nor did it require states to fund every medical procedure which could possibly fall under its umbrella. Powell made clear however that the federal statute did give states the option to fund therapeutic abortions if they chose to do so.