Last week, Pennsylvania’s Commonwealth Court struck down the state ban on Medicaid coverage for abortion care. In a 4-3 ruling, the court affirmed that abortion access is a fundamental right under the Pennsylvania Constitution.
This decision was made possible by the election of DJOP-endorsed Democratic judges to the PA bench. DJOP has worked tirelessly to elect Democrats to the statewide judiciary to protect the rights and liberties of all Pennsylvanians. With your help, DJOP will continue to help elect candidates who reflect the values of tikkun olam. Click here to help support our efforts.
In last week’s ruling, Judge Matthew Wolf, a DJOP-supported candidate in 2023, wrote for the majority, emphasizing that recognizing the right to abortion access is necessary to “restrict government attempts to coerce reproductive choice,” adding, “Those choices are the people’s, not the government’s.” He was joined by Judge Michael Wojcik whom DJOP supported in his 2025 retention election.
Additionally, Governor Josh Shapiro—also endorsed by DJOP—declined to defend the state ban on Medicaid coverage for abortion care before the court.
The case will now move to the PA Supreme Court, where Democratic justices have indicated that abortion access is a constitutional right in Pennsylvania. In 2024, Democratic Justices Christine Donohue and David Wecht, both supported by DJOP for retention in 2025, affirmed that Pennsylvania’s 1971 Equal Rights Amendment, which has no U.S. Constitution equivalent, establishes a right to abortion access. Justice Kevin M. Dougherty, also DJOP-endorsed, agreed with their rationale but noted that the question was not yet ripe for the Court to weigh in, sending the case back to Commonwealth Court—leading to last week’s decision.Elections matter—from judges to members of congress to governors—as they all impact our fundamental rights. Join DJOP in electing Democrats across Pennsylvania. Click here to support our efforts to elect Democrats across the state.
