Federal Judge Blocks Planned Parenthood Defunding – Again

Once again, a federal district judge has bailed out the abortion industry and ruled taxpayer monies – to the tune of hundreds of millions of dollars – must keep flowing to Big Abortion organizations, including Planned Parenthood.

If you’re feeling a sense of déjà vu, I can’t blame you.

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (OBBBA) into law which defunded the abortion industry for the first time in U.S. history. The bill prohibited federal Medicaid dollars from flowing to healthcare providers that provide abortions and received more than $800,000 in Medicaid funding in 2023. The provision defunded the abortion industry of roughly $800 million and lasts for one year.

Four days later, Planned Parenthood filed a federal lawsuit in the U.S. District Court for the District of Massachusetts seeking to prevent the Trump administration from enforcing the defund provision. Within hours, U.S. District Judge Indira Talwani sided with the abortion giant and issued a temporary restraining order (TRO) compelling the Trump administration to keep taxpayer monies flowing to Planned Parenthood.

Planned Parenthood and Judge Talwani’s legal reasoning was baseless, as she wrote that the OBBBA somehow violated Planned Parenthood’s First Amendment right of association and was an unconstitutional bill of attainder.

In addition, Judge Talwani’s actions violated the Constitution: Congress, not the federal judiciary, holds the “power of the purse” and can fund – or not fund – whatever it so chooses.

Article 1 Section 9 of the Constitution, enumerating Congress’ powers, states: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”

On July 28, Judge Talwani doubled down and issued a preliminary injunction requiring the Trump administration to “take all steps necessary to ensure that Medicaid funding continues to be disbursed in the customary manner and timeframes to Planned Parenthood Association of Utah, Planned Parenthood League of Massachusetts, and all other Members of Planned Parenthood Federation of America, Inc.”

The Trump administration promptly appealed Judge Talwani’s decision to the 1st U.S. Circuit Court of Appeals.

Thankfully, on September 11, a three-judge panel of the 1st Circuit handed down a unanimous decision allowing the Trump administration to defund Planned Parenthood while the lawsuit plays out.

Highlighting the audacity of Judge Talwani’s reasoning, all three appeals court judges assigned to the case – Judges Gelpí, Montecalvo, and Aframe – were nominated to the court by former President Joe Biden. They’re not your stereotypically conservative judges.

However, while this first lawsuit played out, a coalition of 23 states, led by New York Attorney General Letitia James, filed a separate lawsuit on July 29 seeking to prevent enforcement of the defund provision in their states. The case, also filed in the U.S. District Court for the District of Massachusetts, was assigned – once again – to Judge Talwani.

On Tuesday, December 2, Judge Talwani – apparently taking no hint from the 1st Circuit – again issued a preliminary injunction enjoining the Trump administration from enforcing the defund provision in the 23 states that joined the lawsuit. The judge claimed that the OBBBA’s defund provision “failed to provide clear notice to States that participate in the joint Federal / State Medicaid program, as required by the Spending Clause of the United States Constitution.”

The order takes effect in seven days, giving the Trump administration little time to appeal the decision.

“This administration’s attempt to target and defund Planned Parenthood is as dangerous as it is illegal,” said Attorney General James in a statement. “Planned Parenthood provides invaluable health care services for millions of people throughout the country. I will not allow this administration to threaten New Yorkers’ health care and reproductive freedom with its political games.”

Of course, the Trump administration is doing nothing of the sort. It is required by federal law – as the OBBBA was passed by the Congress and signed by the president – to defund abortion providers of Medicaid dollars.

“The Democrats and their radical activist judges are desperately seeking to thwart the will of the people and bail out the Big Abortion industry, led by Planned Parenthood,” said SBA Pro-Life America President Marjorie Dannenfelser in a statement.

Dannenfelser added,

The One Big Beautiful Bill Act is federal law passed by Congress and signed by the president. Planned Parenthood’s more than 40 closures this year are a reflection not only of taxpayers finally having their voice heard, but also their failing business model that prioritizes abortion, politics and profits at the expense of women and children. …
This fight is not over. The pro-life movement will work tirelessly to ensure the Democrats do not prevail and taxpayers are never forced to pay a dime to prop up Big Abortion businesses.

Pro-life activist Lila Rose also sounded the alarm after the judge’s ruling.

Following Judge Talwani’s latest ruling, U.S. Senator Mike Lee floated the idea of impeaching the judge.

“It would take an act of Congress to defund Planned Parenthood,” Sen. Lee wrote. “So, Congress did precisely that. To suggest Congress somehow lacks the authority to do that is insane — and potentially impeachable.”

Thankfully, this year has already seen a large number of Planned Parenthood centers close, largely due to the OBBBA’s defund provision.

The American people must ask ourselves, “Are we governed by our elected representatives in Congress and a duly elected president? Or are we ruled by a single unelected, unaccountable federal judge?”

The Trump administration will hopefully appeal Judge Talwani’s decision to the 1st Circuit in the coming days. For now, Judge Talwani has seized power that rightly belongs to the American people for herself.

If you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network.

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