Pennsylvania AG Fights to Uphold Ban on Tax-Funded Abortions

A top Pennsylvania official is trying to protect taxpayers from being forced to fund abortions.

Pennsylvania Attorney General Dave Sunday has appealed a Commonwealth Court ruling that would require taxpayers to fund abortions through the state’s Medicaid program.

On May 19, Sunday filed a notice of appeal with the Pennsylvania Supreme Court challenging the April 20, 2026, 4-3 decision by the Commonwealth Court that struck down Pennsylvania’s long-standing ban on using Medicaid funds for most abortions.

The lower court ruled that the prohibition in the Abortion Control Act amounted to unconstitutional sex-based discrimination.

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Pennsylvania has barred the use of Medicaid dollars to pay for abortions since 1982, with limited exceptions in cases of rape or incest. The policy had been in place for more than four decades, reflecting the legislature’s decision that public funds should not be used to subsidize killing babies.

Governor Josh Shapiro’s administration declined to defend the ban in court. Sunday intervened to uphold the law and filed the appeal to the state’s highest court.

In a statement, Sunday said his office has a duty to defend state statutes.

“My responsibility as Attorney General is to defend the rule of law and defend statutes without interference of personal opinion or political posturing,” he said.

He also stated that under the Commonwealth Attorneys Act, the Office of Attorney General has a statutory obligation to defend the Commonwealth’s laws.

The appeal seeks to prevent Pennsylvania residents from being forced to pay for abortions with their tax dollars. For decades, state courts had upheld the funding restriction before the current legal challenge. Sunday’s filing asks the Pennsylvania Supreme Court to preserve the existing prohibition on using Medicaid to pay for abortions.