Federal Judge Rules Trump Administration Must Keep Funding Planned Parenthood
A federal district judge has ruled the Trump administration must keep taxpayer dollars flowing into Planned Parenthood’s coffers, in violation of federal law.
And no, that’s not a Babylon Bee article. It’s shockingly real.
Judge Indira Talwani granted Planned Parenthood’s motion for a temporary restraining order (TRO) on Monday, July 8, just hours after the abortion mill filed its lawsuit, preventing the Trump administration from enforcing the provision of the One Big Beautiful Bill Act that defunds abortion providers of taxpayer dollars.
To be clear, her order forces the Trump administration to defy a federal law, which Congress passed, and President Trump signed last week.
The judge demanded the administration “take all steps necessary to ensure that Medicaid funding continues to be disbursed in the customary manner and timeframes to Planned Parenthood Federation of America and its members; Planned Parenthood League of Massachusetts; and Planned Parenthood Association of Utah.”
Judge Talwani was nominated to the U.S. District Court for the District of Massachusetts by former President Barack Obama.
The One Big Beautiful Bill Act unequivocally prohibits taxpayer dollars from funding Planned Parenthood by prohibiting Medicaid funds from going to any entity that “is primarily engaged in family planning services, reproductive health, and related medical care” and “provides for abortions.” The provision went into effect on Friday but has now been placed on ice.
Planned Parenthood argues the provision is an unconstitutional “Bill of Attainder and … violates [its] Equal Protection and First Amendment rights.”
To put it plainly, that’s ridiculous. A bill of attainder, prohibited under Article 1, Section 9 of the Constitution, is “a piece of legislation that declares a party is guilty of a crime.”
As Jeffrey Blehar explains for National Review, the abortion giant’s argument “flunks the most basic principles of constitutional law: Bills of attainder apply to a notional situation … where Congress seeks to inflict legal or monetary penalties upon a disfavored person or party – specifically fines or confiscation of property.”
“Needless to say, the recent budget bill addresses something quite different: funding that Congress once voted specifically to give to Planned Parenthood, and has now voted to cut off.”
So, why did Judge Talwani even accept Planned Parenthood’s argument? To quote Nate Bargatze acting as George Washington: “Nobody knows.”
In her two-page order, the judge didn’t explain her reasoning nor issue an accompanying opinion, writing only that she had found “good cause shown” after reviewing Planned Parenthood’s motion.
That’s it.
As Dan McLaughlin observes, “You can’t argue with [Judge Talwani’s] reasoning, because there isn’t any; the case was only filed today, and the order is not accompanied by an opinion. It’s just a raw exercise of power.”
Under the Constitution, Congress has the “power of the purse,” which the Founding Fathers explicitly granted to the legislative – not the judicial – branch of government. Congress can fund – or not fund – whatever it chooses.
Article 1, Section 9 of the Constitution expressly states,
Judge Talwani, under the guise of a judicial decision, has unconstitutionally seized power expressly delegated to the legislative branch and ordered the executive branch to defy the law.
McLaughlin adds,
“If Congress lacks the power to decide when not to spend taxpayer money, it may as well disband,” he adds, as well he should. Spending taxpayer money is, quite literally, Congress’ job.
Now, the Trump administration is in a Catch-22. Does it obey the law and defy Judge Talwani? Or does it obey Judge Talwani, and ignore the law?
The U.S. Department of Justice (DOJ) had no comment in response to this story. The Daily Citizen also reached out to the Department of Health and Human Services (HHS) for comment.
In response to the ruling, a White House official said,
Pro-life political group Susan B. Anthony Pro-Life America called Planned Parenthood’s lawsuit an act of “desperation,” adding,
The TRO remains in effect for 14 days, and Judge Talwani will hear arguments on July 21 on whether to extend her order.
This case poses an existential question: Are Americans ruled by a single unelected, unaccountable federal judge in Massachusetts who brazenly issues lawless decisions just days after the U.S. Supreme Court restricted the authority of federal district judges?
Or are we governed by our elected representatives in Congress who hold the “power of the purse,” and the president of the United States who must “take Care that the Laws be faithfully executed”?
We’ll soon find out the answer.
The case is Planned Parenthood Federation of America v. Kennedy.
If you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network here.
To learn how to defend life, consider purchasing author Randy Alcorn’s book Prolife Answers to Prochoice Arguments; you can also read Scott Klusendorf’s book The Case for Life: Equipping Christians to Engage the Culture.
Related articles and resources:
Dealing With Unplanned Pregnancy
Become an Option Ultrasound Life Advocate
House Passes ‘One Big Beautiful Bill Act,’ Finally Defunding Planned Parenthood
Senate Passes ‘Big, Beautiful Bill’ to Defund Planned Parenthood, Lower Taxes
House Passes ‘Big, Beautiful Bill’ With Tax Cuts & Pro-Family Policies
Planned Parenthood Earns $2 Billion Killing Over 400,000 Babies, Annual Report Shows
Photo from Getty Images.
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