Mabel Wadsworth Women's Health Center v. Lambrew - Abortion Access

Maine banned coverage for abortion care for people insured by MaineCare. We sued because a person’s wealth should never determine their reproductive freedom. We dropped the case after Gov. Mills signed LD 820, requiring public and private insurance plans that cover prenatal care to also cover abortion care.

The lawsuit was filed on November 24, 2015, in Cumberland County Superior Court, on behalf of Mabel Wadsworth Women’s Health Center, Maine Family Planning, and Planned Parenthood of Northern New England, three health care providers specializing in comprehensive reproductive and sexual health care, including abortion. The nonprofits provide care to 21,500 Mainers each year, more than half of whom have limited financial resources.

MaineCare, the state’s Medicaid coverage program, denied coverage for abortion, but covered a full range of pregnancy-related care for people who carried their pregnancies to term. The policy was implemented under the Paul LePage administration. We argued that the state interfered with a person’s fundamental right to decide whether or not to continue a pregnancy and discriminated against people who decide to have an abortion. This restriction effectively banned abortion for people who could not afford to pay for care out of pocket.

The suit argued that the ban on abortion coverage for qualified patients covered by MaineCare violated two parts of the Maine Constitution:

1. The liberty and safety clause, which provides that all people have an inherent right to pursue and obtain safety and happiness.
2. The equal protection clause, which holds that no person shall be denied the equal protection of the laws.

The patients impacted by this policy were, by definition, low-income. For many of them, the denial of insurance coverage for an abortion caused them to delay care, at a potential risk to their health. Some skipped necessary expenses such as food, rent, or heat so they could save enough to pay out of pocket. Since the majority of patients who have abortions already have a child at home, this meant entire families could suffer. Still others were forced to carry their pregnancies to term, entirely losing their bodily autonomy and the ability to make the best decisions for themselves and their families.

On October 24, 2017, the court granted summary judgment (a ruling without a trial) to the state and ruled against the abortion providers. We were disappointed in the court’s decision, but continued to fight for the rights of all Mainers to get the care they needed regardless of income.

We appealed to the Maine Supreme Judicial Court on February 2, 2018. However, before this case could be decided, Gov. Janet Mills signed LD 820 into law. It requires public and private insurance plans that cover prenatal care to also cover abortion care.

This came as a major legislative victory and met the primary goal of our lawsuit. As a result, we asked the court to dismiss the case, which it did on January 14, 2020. With the passage of this law, Maine took a significant stride to protect and expand the autonomy and reproductive freedom of all people. This law affirms that abortion is healthcare, and that everyone should have access to the healthcare they need – regardless of how much money they make.