November 22, 2013
Professor Caitlin Borgmann spoke to the American Prospect today about Arizona’s attempt to get the Supreme Court to reinstate its denial of Medicaid funding for reproductive health services, like cancer and STD screenings and contraception, to any provider that also provides privately funded abortions. The 7th Circuit struck down a virtually identical Indiana law, and the Supreme Court refused to hear that case. The American Prospect writes:
Caitlin Borgmann, a professor of law at the City University of New York, says it’s unlikely, given the justices’ unwillingness to hear Indiana’s appeal, that Arizona’s petition will be successful. “To read the statute as broadly as Arizona wants would allow the state to exclude providers for any reason,” says Borgmann. “Such a precedent ought to give the Supreme Court pause too, because its implications extend far beyond abortion.”
The article also points out:
[I]n an attempt to prevent the government from indirectly subsidizing abortion, Arizona’s law could actually increase the number of patients in abortion providers’ clinics. “Laws like these reveal the anti-abortion rights movement for what it is,” Borgmann says. “Their goal is to be punitive and prevent access to abortion, not come up with solutions to help women make autonomous decisions about their health.”
Professor Borgmann has litigated reproductive rights cases and has also spoken and written widely about reproductive rights and given testimony before several state legislatures on this issue. She is the editor of the Reproductive Rights Blog.