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Allegheny Reprod. Health Ctr. v. Pa. Dep’t of Hum. Servs.

Pennsylvania Commonwealth Court

March 26, 2021

In Allegheny Reprod. Health Ctr. v. Pa. Dep’t of Hum. Servs., Petitioners, who are medical providers licensed to provide abortion services, filed a petition for review seeking declaratory and injunctive relief, asserting that Sections 3215(c) and (j) of the Abortion Control Act are unconstitutional because they discriminate against pregnant women enrolled in Medical Assistance who choose to have an abortion. Respondents moved to dismiss the petition,  asserting that Reproductive Health Centers lack standing and that the petition for review failed to state a legally cognizable claim under the Pennsylvania Constitution. The trial court sustained the preliminary objections, and the Pennsylvania Commonwealth Court affirmed. The Court held that Petitioners lacked standing to challenge the coverage ban based on the constitutional rights belonging to third parties, who may or may not agree with this litigation brought on their behalf. Furthermore, because all of its legal claims have been addressed and rejected by our Supreme Court, the petition for review failed to state a claim upon which relief could be granted.

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