Both Kavanaugh and Roberts sided with the court's liberals.
He attributed the Court's reticence to deal with this important issue to the fact that the specific cases involved Planned Parenthood. These cases were another attempt to do so.
The U.S. Supreme Court declined to take a case with big potential implications for women's health care and Planned Parenthood related to whether states can block people from using Medicaid for health care services at Planned Parenthood and similar organizations.
Although Kavanaugh stated publicly that he saw Roe v. Wade as an "important precedent," leaked emails that were reviewed by the Senate Judiciary Committee seemed to show a less clear picture. Only Justices Thomas, Gorsuch, and Alito would have heard the case.
"Resolving the question presented here would not even affect Planned Parenthood's ability to challenge the states' decisions; it concerns only the rights of individual Medicaid patients to bring their own suits", he wrote.
Only formalities stand in the way of the Supreme Court, as now constituted, slashing abortion rights as we know them, which is why the court's punting on two choice-related cases came as something of a relief for progressives on Monday morning.
The only payments it received were for legally permitted reimbursement of costs, Planned Parenthood says.
"Today's decision affirms that Louisianans can continue to rely on Planned Parenthood, their trusted healthcare provider".
The two states were appealing lower court rulings that had blocked them from withholding money that is used for health services for low-income women. Planned Parenthood of Kansas and Mid-Missouri. The federal law that sets the standards for those plans stipulates in part that Medicaid recipients can obtain "assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required... who undertakes to provide him such services". "As a doctor, I have seen what's at stake when people can not access the care they need, and when politics gets in the way of people making their own health care choices", said Dr. Leana Wen, the group's president.
Students for Life of America, an anti-abortion rights group, focused on Planned Parenthood's role in abortions, though, again Medicaid funds can not be used to fund abortions.
Johnson told CNA she believes states should instead fund federal qualified healthcare clinics, which "outnumber Planned Parenthood almost 20-to-1 and sees ten times the number of patients that Planned Parenthood does every year".
In the Louisiana and Kansas cases before the Supreme Court, federal appeals courts based in Denver and New Orleans found there is a right to sue.
"The very role of the Supreme Court is to clarify issues like this for the people and for the states - and they've left people without guidance".
Planned Parenthood president Dr. Leana Wen praised the decision to leave the lower court rulings in place.
"AUL is disappointed that the Court declined to hear argument in these cases, and we join the dissent in calling on the Court to 'do its duty, '" Americans United for Life President Catherine Glenn Foster responded to the news. They are about private rights of action under the Medicaid Act.