Pennsylvania's Supreme Court has sent an abortion case back to Commonwealth Court.
The high court found the 1982 Abortion Control Act is unconstitutional based on sex discrimination.
Under the act, Medicaid prohibits reimbursement for abortions in all instances other than rape or incest, or to prevent a woman's death.
A group of seven abortion providers, including Allegheny Reproductive Health, filed a petition challenging the prohibition under the Equal Rights Amendment.
Commonwealth Court dismissed the petition, and the groups appealed to the PA Supreme Court.
Today, the justices sent the case back to Commonwealth Court, ordering it to resolve lingering constitutional issues.
Some of the justice’s expressed they will recognize access to an abortion as a right under the PA state constitution.
After the Roe v. Wade was overturned in 2022, it became up to the individual state to decided on the legality of an abortion.