Nevada is poised to become the 18th state to use Medicaid funds to provide broader access to abortion for lower-income women following a court ruling that became official last week.
The ruling determined that denying Medicaid coverage for abortions violated the equal rights protections adopted by Nevada voters in 2022, an act that is neither state nor federal law. The state government did not appeal the decision within 30 days of the release of the written opinion, paving the way for expanded access.
The timeline for when Medicaid coverage for abortion services will begin remains uncertain, but the presiding judge mandated that it should be no later than early November. This expansion marks a significant step for reproductive rights in Nevada, especially in the wake of the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade.
“Nevadans who have Medicaid as their health insurance will no longer need to fear that they will be forced to carry a pregnancy against their will,” said Rebecca Chan, a lawyer with the ACLU Reproductive Freedom Project, which played a role in the lawsuit.
The case is part of a broader legal and political battle over abortion access that has unfolded across the country since the Supreme Court’s decision.
Since the repeal of Roe v. Wade, many Republican-led states have implemented stricter abortion bans, including 14 states that bar abortion at all stages of pregnancy, with few exceptions. In contrast, Democratic-led states have moved to safeguard access to reproductive healthcare, including a Minnesota bill signed into law last year by the state Governor and Democratic vice-presidential candidate Tim Walz that removed a requirement to try to save the life of a baby born alive after an attempted abortion.
Nevada, with its Republican governor and Democratic-controlled legislature, has taken steps to protect abortion access. In November, voters will have the opportunity to further solidify these protections by voting on a constitutional amendment to enshrine the right to abortion. If approved, a second vote will take place in 2026.
A factor in abortion access is whether Medicaid covers the procedure. Federal law, established in 1977, prohibits the use of federal funds for abortion except in cases of rape, incest, or when the life of the pregnant person is in danger.
However, states have the discretion to use their own Medicaid funds to cover abortion under broader circumstances. Nevada’s recent court ruling places it among 17 other states that provide Medicaid funding for abortion without federal restrictions.
According to the Guttmacher Institute, which supports abortion rights, nine states provide abortion coverage under court orders, while eight do so voluntarily. As a result of Nevada’s decision, a significant portion of the state’s population—disproportionately low-income, Native American, and Black women—will soon have greater access to abortion through Medicaid.
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