Nevada judge blocks state from limiting Medicaid coverage for abortions
LAS VEGAS– A Nevada judge has struck down state limits on Medicaid coverage for abortion services, saying the restrictions violate equal rights protections.
Clark County District Judge Erika Ballou said from the bench Tuesday that she planned to issue a written order at a later date directing the Department of Health and Human Services to provide Medicaid coverage for all abortions.
Currently, Nevada’s Medicaid program only covers abortions for pregnancies that are life-threatening or result from rape or incest.
The judge’s order would expand access to abortion in Nevada, amid ongoing legal and political battles across the country over reproductive health since the U.S. Supreme Court overturned Roe v. Wade and struck down federal abortion protections.
However, Ballou acknowledged that it is likely her ruling will be appealed. A spokesperson for the Nevada attorney general’s office declined to comment on the ruling and whether the state plans to seek a stay of the order amid an appeal.
The Nevada ruling also follows a Pennsylvania Supreme Court ruling in January that revived a yearslong legal battle challenging restrictions on Medicaid coverage for abortions.
According to KFF, 17 states currently let Medicaid pay for abortions, including Nevada’s neighbors California and Oregon.
The American Civil Liberties Union of Nevada, which led the effort that resulted in Tuesday’s ruling, applauded the judge’s decision.
“Everyone, regardless of income level or source of insurance, deserves the power to make personal medical decisions during pregnancy, including abortion,” staff attorney Rebecca Chan said in a statement.
In 2022, the same year Roe v. Wade was overturned, Nevada voters passed a sweeping version of the Equal Rights Amendment, adding protections against sex discrimination to the state Constitution.
ACLU attorneys argued that Nevada’s restrictions on Medicaid abortion coverage violate the ERA because the restrictions disproportionately discriminate against poor people and people of color.
Meanwhile, the attorney general’s office sought to have the case dismissed on procedural grounds, according to legal documents.
In Nevada, the right to terminate a pregnancy up to 24 weeks is protected by state law.