Appeals Court Upholds Defunding of Planned Parenthood
In a big victory for life, a federal appeals court ruled the Trump administration can withhold Medicaid dollars from Planned Parenthood locations that provide abortions.
On Friday, December 12, a panel of judges on the 1st U.S. Circuit Court of Appeals issued a unanimous opinion that Congress has the constitutional authority to deprive Big Abortion organizations, including Planned Parenthood, of taxpayer money.
The Court of Appeals vacated preliminary injunctions issued by U.S. District Judge Indira Talwani that had blocked the U.S. Department of Health and Human Services (HHS) from withholding Medicaid dollars from Planned Parenthood.
The case stems from Section 71113 of the One Big Beautiful Bill Act (OBBBA) which Congress passed and President Trump signed into law on July 4.
Section 71113 prohibits federal Medicaid dollars from going to any non-profit organization that is “primarily engaged in family planning services,” performs abortions and received over $800,000 in Medicaid funding in 2023. The provision lasts for one year.
Days after the law was enacted, Planned Parenthood filed a lawsuit in the U.S. District Court for the District of Massachusetts, arguing the law was an unconstitutional bill of attainder that punished the organization and its affiliates. Judge Talwani sided with Planned Parenthood.
Judge Gustavo Gelpí, a nominee of former President Joe Biden, explained the OBBBA “does not inflict punishment,” he wrote in the Dec. 12 decision. He was joined by Judges Lara Montecalvo and Seth Aframe, also Biden nominees.
“Section 71113 … simply does not impose ‘punishment’ as the term has been historically understood,” the court explained. “That Section 71113 regulates only certain abortion providers does not mean that it punishes those that it does regulate.”
The U.S. Supreme Court has struck down statutes on bill of attainder grounds only five times in American history, the court noted.
Constitutionally, when Congress utilizes its tax and spending power, it has “‘broad discretion’ to place ‘limits on the use of such funds to ensure they are used in the manner [it] intends,’” the court expounded. Judicial review of such decisions “‘must be deferential.’”
The Court of Appeals’ ruling returns the case back to the district court for further consideration.
“Today, a court has once again allowed the Trump administration to enforce Congress’s unconstitutional ‘defund’ of Planned Parenthood – enabling their attempts to block access to care for patients most in need and force Planned Parenthood health centers to the financial brink,” complained Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America.
“The intent is clear: They want to shut down planned Parenthood health centers and make it harder for everyone, everywhere to get the health care they need.”
If Planned Parenthood was truly concerned about women being unable to access health care, the solution is simple: stop providing abortions. If it did so, the organization could again qualify for taxpayer-funded Medicaid reimbursements.
But since Planned Parenthood is an abortion business, and profits off the killing of hundreds of thousands of preborn children every year, it’s unlikely to make that choice. Every year, the abortion giant performs an increasing number of abortions and fewer real health care services.
Nearly 50 Planned Parenthood clinics have been forced to close this year. The organization, which has almost 600 clinics, estimates as many as 200 of these could close if funding losses continue.
Waiting in the gap to help women are approximately 2,750 pregnancy resource centers nationwide that provide nearly $368 million in free services to clients every year. These centers are motivated by compassion, not profit.
In a separate but related lawsuit, 23 states sought a preliminary injunction to prevent Section 71113’s enforcement in their states. After Judge Talwani also granted that injunction, the 1st Circuit issued an administrative stay to place the judge’s ruling on hold while it considers the Trump administration’s request to stay the injunction pending appeal.
The flurry of lawsuits seeking to prevent Section 71113’s enforcement demonstrates the provision’s success in ensuring taxpayer dollars don’t subsidize an industry that kills preborn children.
For that reason, congressional Republicans must extend the one-year provision and defund Big Abortion organizations – again – in an upcoming budget bill.
The case is Planned Parenthood v. Robert F. Kennedy Jr.
If you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network.
Related articles and resources:
Dealing With Unplanned Pregnancy
Become an Option Ultrasound Life Advocate
New Insights on the Dangers of the Abortion Pill
Overcoming Abortion and Becoming a Force for Life
Court Overrules District Judge, Allows Planned Parenthood Defunding to Continue
House Passes ‘One Big Beautiful Bill Act,’ Finally Defunding Planned Parenthood
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