Court Overrules District Judge, Allows Planned Parenthood Defunding to Continue

A federal appeals court has stayed U.S. District Judge Indira Talwani’s ruling that had ordered the Trump administration to keep funding Big Abortion organizations, including Planned Parenthood, in violation of federal law.

A panel of judges on the 1st U.S. Circuit Court of Appeals granted the Trump administration an administrative stay on Monday, December 8, putting on hold Judge Talwani’s Dec. 2 preliminary injunction ordering the Trump administration to continue funding Planned Parenthood in 23 states.

On July 29, the states, led by New York Attorney General Letitia James, filed a lawsuit in the U.S. District Court for the District of Massachusetts seeking to prevent enforcement of Section 71113 of the One Big Beautiful Bill Act (OBBBA) which Congress passed and the president signed into law on July 4.

The challenged provision prohibits federal Medicaid dollars from going to any “prohibited entity” that provides abortions and received over $800,000 in Medicaid funding in 2023. The provision lasts for one year.

On Dec. 2, Judge Talwani sided with the states and blocked enforcement of the provision in the states that are plaintiffs in the lawsuit.

The judge said the plaintiffs were likely to succeed in their claim that Section 71113 “fails to provide states with clear notice, in violation of the Spending Clause,” and is “impermissibly ambiguous” about what organizations qualify as “prohibited entities.” The judge said the law constitutes an “unconstitutional retroactive condition on [the states’] participation” in Medicaid, Reuters summarizes.

Judge Talwani granted a seven-day administrative stay from her ruling.

Following the ruling, the Trump administration promptly appealed to the 1st Circuit, requesting a stay pending appeal and an immediate extension of the administrative stay.

The administration reminded the appeals court that Judge Talwani had originally blocked the defunding of Planned Parenthood in every state in a separate lawsuit filed by the abortion giant, before the 1st Circuit stayed that ruling.

“Undaunted, the same district court has again enjoined enforcement of Section 71113, concluding this time that Congress had not made clear which entities were covered by the funding prohibition,” the Trump administration told the court in a filing on December 8.

“Defendants respectfully request a stay pending appeal and an immediate extension of the administrative stay to prevent any interruption in the applicability of a duly enacted Act of Congress that this Court has already once acted to leave in effect.”

On Dec. 8, the 1st Circuit granted the administration’s request for an extension of the administrative stay and said it would rule on its request for a stay pending appeal “promptly,” which would allow the Trump administration to continue to enforce the defund provision while the case proceeds.

The decision was made by three judges on the 1st Circuit, including Chief Judge David Barron, a nominee of former President Barack Obama; and Judges Gustavo Gelpí and Lara Montecalvo, both nominees of former President Joe Biden.

In 2024, Planned Parenthood earned over $2 billion in revenue by killing a record 402,200 babies by abortion that year alone, its most recent annual report shows.

The abortion giant has increased the number of abortions it performs by 23% since 2013. At the same time, Planned Parenthood has provided:

  • 10% fewer services
  • 54% fewer cancer screening and prevention services
  • 61% fewer breast exams
  • 54% fewer pap tests
  • 63% fewer prenatal services

Planned Parenthood earned a profit of $206 million in the last two years alone by performing more abortions but fewer real healthcare services.

“The One Big Beautiful Bill Act is federal law passed by Congress and signed by the president,” said SBA List Pro-Life America president Marjorie Dannenfelser in a statement after Judge Talwani’s Dec. 2 ruling.

“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.”

The Daily Citizen will keep you updated on this case as it moves forward.

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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