May 11, 2026
Pro-Abortion Judges in Pennsylvania Create Fundamental Right to Abortion in Pennsylvania State Constitution Despite Federal and State Law
The Commonwealth Court of Pennsylvania found in a 4-3 decision that the state constitution includes a fundamental right to abortion.
In the opinion written by Planned Parenthood-endorsed Judge Matthew Wolf, he wrote, “We conclude that Article I of the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy.”
Not only did Judge Wolf fail to recuse himself from the case despite his ties to Planned Parenthood, Democrat Judge Lori Dumas, who also has ties to the Abortion Goliath, failed to recuse and sided with Wolf’s opinion. Democrat Judge Michael Wojcik and President Judge Renee Cohn Jubelirer, who is a Republican, also joined the majority.
Republican judges Patricia McCullough, Anne Covey, and Stacy Wallace dissented.
In the dissenting opinion written by Judge McCullough, she wrote, “I simply cannot recall another case in which this court has decided issues of such profound public importance in this kind of summary, we-believe-you-if-you-say-so fashion.”
This critique is one shared by many, like Michael Geer, President of the PA Family Institute, who feel this ruling was one of judicial activism. Greer said in a statement:
By declaring a sweeping constitutional ‘right to reproductive autonomy’ and mandating taxpayer-funded abortion through Medicaid, the court has overstepped its authority, ignored the plain text of our state constitution, and forced millions of Pennsylvanians who believe life begins at conception to subsidize the killing of unborn children. This is judicial activism at its worst, imposing on the bench what the people and their elected representatives have repeatedly refused to enact.
This case started back in 2019 from a lawsuit filed by multiple abortionist organizations , including Allegheny Reproductive Health Center, Allentown Women’s Center, Delaware County Women’s Center, Planned Parenthood Keystone, Planned Parenthood Southeastern Pa, and Planned Parenthood of Western Pennsylvania. They sought to have the prohibition of taxpayer-funded Medicaid being used for abortions struck from the bi-partisan 1982 Abortion Control Act, arguing that the ban discriminated against poor women seeking abortions.
The case previously made its way all the way to the Pennsylvania State Supreme Court, who, in a 3-2 decision, gave the case back to the Commonwealth Court to reconsider. The three justices who ruled to give the case back, Justices Donohue, Dougherty, and Wecht, were all endorsed by Planned Parenthood.
Back in the Commonwealth Court, the abortionists argued that the ban of public funds being used for abortions was unconstitutional sex-based discrimination, while AG Dave Sunday argued that the state had a compelling interest in protecting the life and health of a fetus subject to abortion, an interest in protecting the health of women and “not violating the conscience of those who oppose abortion.”
However, not only did the court side with the abortionists’ argument, but even went so far as to say that the ban of state Medicaid dollars to pay for abortions violated the equal rights amendment to the state constitution as well as the equal protection provision.
Pennsylvania Governor Josh Shapiro, who is up for reelection this year, celebrated the decision saying, “I’ve long opposed this unconstitutional ban, and as Governor, I did not defend it — because a woman’s ability to access reproductive care should never be determined by her income.”
Republican State treasurer Stacy Garrity, who is running against Shapiro for governor, took to X to say, “The Pennsylvania Commonwealth Court’s decision to force our tax dollars to pay for abortions is not only misguided, it is immoral. It is also deeply concerning that Governor Josh Shapiro’s administration withdrew as respondents in this case.”
Garrity continued, saying, “The Pennsylvania Abortion Control Act was passed with bipartisan support and signed into law by a Democratic governor. Today’s ruling is a direct violation of the Hyde Amendment and federal law. We cannot allow four activist judges to have the final say on how our tax dollars are spent. I stand with all Pennsylvanians who value life and liberty and have the courage to stand up and fight for it. Elections have consequences. This callous ruling must serve as a wake-up call for November 3 and the elections that follow.”
Now it is up to AG Sunday to appeal the case back to the Pennsylvania Supreme Court.
Students for Life Action (SFLAction) is calling on Pennsylvanians to join us in urging AG Sunday to take a stand against Planned Parenthood-endorsed activist judges who are legislating abortion from the bench by appealing this egregious ruling.
Read More About SFLAction’s Recent Work in Pennsylvania: Students for Life Action Calls on Pennsylvania House to Reject an Abortion Ballot Measure “So Radical Even Infanticide is on the Table”; Pledges to Engage in Primaries to Stop the Bill