Medicaid Funding

State v. Planned Parenthood of Alaska, Inc.,
No. S-9109 (Alaska July 27, 2001)

The Supreme Court of Alaska held that the state Medicaid program violated the equal protection clause of the Alaska constitution by denying funding for medically necessary abortions and struck down as unconstitutional those statutory and Administrative Code provisions that prohibit funding for any abortion except those that pose a risk of death to the pregnant woman or are the result of rape or incest.

The state was unable to provide a compelling interest that would justify its denial of funding for medically necessary abortions. It argued that "medical and public welfare interests" were served by the legislature's decision to fund childbirth. The Supreme Court rejected this argument, noting that no one ever suggested limiting funding for childbirth and that such funding would not be affected by the court's decision requiring the state to fund abortions on equal terms with other medically necessary treatment.