Sen. Cramer, Colleagues File Amicus Brief on Kerr v. Planned Parenthood

Source: United States Senator Kevin Cramer (R-ND)

WASHINGTON – U.S. Senator Kevin Cramer (R-ND) joined Senators Lindsey Graham (R-SC) and Tim Scott (R-SC) on an amicus brief requesting the Supreme Court take up Robert Kerr, SC Department of Health and Human Services (SCDHHS) v. Planned Parenthood and Julie Edwards.   

“As this case illustrates—deepening the split between the circuits over whether a private citizen may bring a § 1983 action to enforce an alleged right under the Medicaid Act’s any-qualified-provider provision—the law remains muddled. This uncertainty undermines the separation of powers and principles of federalism. Private enforcement suits, especially class actions, are costly exercises often spanning years. Such suits make the courts, rather than agencies designated by Congress, the front-line arbiters of the legislation. And the states cannot know in advance the commitments they are making when accepting federal funds,” stated the brief.

“This case presents an ideal opportunity for doing so so—making clear that third parties are never entitled to enforce Spending Clause legislation unless Congress creates an express right of action. That will not only resolve the split among the lower courts in this case, but in all Spending Clause cases. It will also bring a new measure of predictability to state and federal budgeting,” continued the brief.

When Congress passed the Medicaid Act, federal lawmakers gave states the authority to decide which providers are qualified to participate in a state’s Medicaid program. In 2018, South Carolina deemed abortion clinics unqualified to receive Medicaid funding. Planned Parenthood and one of its clients then sued the SCDHHS in federal court.

The amicus brief argues Congress intended for states to be able to make their own determinations as to which providers could participate in the Medicaid program, and that clients of delisted providers should not have been granted standing to sue the state on the providers’ behalf.

Senators Cramer, Graham, and Scott are joined by Senators John Thune (R-SD), John Barrasso (R-WY), Steve Daines (R-MT), Chuck Grassley (R-IA), Jim Risch (R-ID), Jim Inhofe (R-OK), Marco Rubio (R-FL), Mike Braun (R-IN), Roger Wicker (R-MS), Cindy Hyde-Smith (R-MS), Marsha Blackburn (R-TN), Ben Sasse (R-NE), Josh Hawley (R-MO), Cynthia Lummis (R-WY), Tom Cotton (R-AR), Ted Cruz (R-TX), Mike Lee (R-UT), John Kennedy (R-LA), Rick Scott (R-FL), John Boozman (R-AR), Roger Marshall (R-KS), Bill Hagerty (R-TN), and 105 House members.

Click here to read the amicus brief.