NAWL Responds to President Biden’s Recognition of the ERA

Last week, the United States Supreme Court issued its decision in Medina v. Planned Parenthood South Atlantic , ruling 6–3 that individual Medicaid beneficiaries cannot sue state officials to enforce the “free-choice-of-provider” provision of the Medicaid Act. The Court’s decision could pave the way for states to exclude providers like Planned Parenthood from Medicaid programs, even when doing so limits access to essential reproductive and preventive health care -- and even when the sole basis for doing so is for ideological reasons. This ruling marks a significant setback for reproductive justice and health equity. By narrowing the ability of individuals to challenge state actions that restrict access to care, the Court has further eroded the legal tools available to protect the rights of patients who rely on Medicaid to access fundamental healthcare, including preventative and general care and access to contraception. Marginalized communities will likely be disparately affected. Justice Ketanji Brown Jackson, in a powerful dissent, emphasized the real-world consequences of the majority’s decision: “[T]oday’s decision is likely to result in tangible harm to real people. At a minimum, it will deprive Medicaid recipients in South Carolina of their only meaningful way of enforcing a right that Congress has expressly granted to them. And, more concretely, it will strip those South Carolinians—and countless other Medicaid recipients around the country—of a deeply personal freedom: the ‘ability to decide who treats us at our most vulnerable.’” NAWL is proud to have joined with the Women’s Bar Association of the District of Columbia in filing an amicus brief which underscored the importance of preserving legal avenues for patients to challenge discriminatory and harmful state policies. NAWL stands in solidarity with Planned Parenthood, reproductive rights advocates, and the millions of individuals whose access to care is now at greater risk. We urge our members and allies to continue advocating for a legal system that upholds the rights, health, and dignity of all people—regardless of income, identity, or geography. --- NAWL will continue the conversation at the 2025 Annual Meeting . Hear about this Supreme Court term’s major decisions affecting NAWL’s mission from Arabella Babb Mansfield Award Recipients and co-hosts of the Strict Scrutiny podcast: Leah Litman, Professor of Law at University of Michigan Law School; Melissa Murray, Professor of Law at New York University School of Law; and Kate Shaw, Professor of Law at University of Pennsylvania Carey Law School. Additionally, after a workshop screening of the film Zurawski v Texas , Cici Coquillette from the Center for Reproductive Rights and Cassie Ehrenberg from The Lawyering Project and Abortion Defense Network will specifically discuss the Medina decision.

Last week, the United States Supreme Court issued its decision in United States v. Skrmetti , which upholds a Tennessee law (SB1) banning gender-affirming medical care —such as puberty blockers and hormones— for transgender minors. In the 6–3 decision, the Court held that SB1 does not warrant heightened scrutiny under the Equal Protection Clause, despite its discriminatory targeting of transgender youth by explicitly permitting hormone treatments and gender-affirming care for youth who identify as cisgender, while denying the same care for youth who identify as trans. This ruling has the potential to reshape access to health care and marks a profound erosion of the Equal Protection clause as a tool for challenging laws that disproportionately affect women and other marginalized groups. Justice Sonia Sotomayor, in a searing dissent, laid bare the consequences of the Court’s refusal to confront the reality of this legislation: “[T]he majority refuses to call a spade a spade. Instead, it obfuscates a sex classification that is plain on the face of this statute, all to avoid the mere possibility that a different court could strike down SB1, or categorical healthcare bans like it. The Court's willingness to do so here does irrevocable damage to the Equal Protection Clause and invites legislatures to engage in discrimination by hiding blatant sex classifications in plain sight. It also authorizes, without second thought, untold harm to transgender children and the parents and families who love them. Because there is no constitutional justification for that result, I dissent.” As an organization committed to advancing gender equity under the law, NAWL stands with transgender individuals, families, advocates, and scholars who continue this long fight. The Court’s application of rational basis review to state laws targeting a specific “medical use” may also have far-reaching negative consequences on gender health equity more broadly, including access to reproductive care. NAWL calls on its members and allies to speak out, support impacted communities, and work toward a legal system rooted in dignity, equity, and justice for all. --- NAWL will continue the conversation at the 2025 Annual Meeting during the session, “ U.S. v. Skrmetti : The Future of Gender Equity in Healthcare,” featuring National Center for LGBTQ Rights Legal Director Shannon Minter and Executive Director of the Williams Institute Christy Mallory .

Susman Godfrey LLP v. Executive Office of the President

Ventura v. Todaro

Medina v. Planned Parenthood of South Atlantic