Twenty-Three States Sue to Stop Defunding of Planned Parenthood

by Zachary Mettler | July 31, 2025 | Government Updates Life

A coalition of 23 states filed a lawsuit on Tuesday to block a provision of the One Big Beautiful Bill Act (OBBBA) defunding Planned Parenthood of hundreds of millions of taxpayer dollars.

Section 71113 of the OBBBA prohibits Medicaid dollars from going to any “prohibited entity” that “is primarily engaged in family planning services, reproductive health, and related medical care,” “provides for abortions” and exceeded $800,000 in Medicaid dollars in 2023. The provision applies for a period of one year.

The lawsuit alleges that Section 71113 is unconstitutional because it contains ambiguous elements, including whether a specific organization qualifies as a “prohibited entity” under the section; and violates the First Amendment’s protections for freedom of speech and freedom of association and Article I’s prohibition on bills of attainder.

This is now the second lawsuit filed against Section 71113 of the OBBBA, following Planned Parenthood’s challenge to the provision, which it has already convinced a federal judge to place on ice.

“The federal government is once again playing politics with our health care system, with devastating consequences,” said New York Attorney General Letitia James, who joined the lawsuit, in a statement. “This administration’s shameful and illegal targeting of Planned Parenthood will make it harder for millions of people to get the health care they need.”

Of course, the attorney general failed to mention that Section 71113 is not an administrative decision – it is a provision included in a bill that was lawfully passed by an act of Congress and signed by the president. Section 71113 is not a presidential action; it is the law.

California Attorney General Rob Bonta, who joined the lawsuit, said in a statement, “This provision is purely retaliation against Planned Parenthood for its constitutionally protected advocacy for abortion care.”

But Planned Parenthood does far more than “advocate” for abortions. Last year, it killed 400,000 preborn children by abortion. It has also become one of our nation’s largest distributors of “transgender” drugs and hormones.

Furthermore, the attorneys general who filed the lawsuit may disagree with Congress’ policy of defunding the abortion giant; but that doesn’t make it unconstitutional.

Under the Constitution, Congress wields the “power of the purse.” It has essentially unbridled authority to fund – or not fund – whatever it so chooses.

Article I of the Constitution, which enumerates Congress’ powers, states,

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.

And James Madison, the architect of the Constitution, wrote in Federalist No. 58,

This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.

The Founding Fathers specifically granted Congress – not unelected, unaccountable federal judges – the authority to spend, or refuse to spend, taxpayer monies.

Legally, Congress’ ability to defund Planned Parenthood is just not a difficult question. But that hasn’t stopped the Left from trying to get its way through alternative, undemocratic means.

The new lawsuit comes just one day after federal judge Indira Talwani, in the separate lawsuit filed by Planned Parenthood, fully blocked the OBBBA’s provision defunding Planned Parenthood and ordered the Trump administration to continue providing Medicaid funds to the abortion giant.

Both lawsuits were filed in the U.S. District Court for the District of Massachusetts – and you’ll never guess which judge was assigned the new case.

That’s right … none other than judge Indira Talwani – even though there are 11 other active judges on the district court.

The Trump administration is already working to appeal the judge’s order in the first case to the U.S. Court of Appeals for the First Circuit.

To be clear, the lawsuits are essentially meritless attacks on Congress’ clear constitutional powers.

In a surprising editorial, The Washington Post editorial board – while not necessarily agreeing with Congress’ decision to enact Section 71113 of the OBBBA – nonetheless defended its ability to do so.

“Talwani’s decision … is a reminder that the judiciary, as well as the executive, can overreach at Congress’s expense and damage the separation of powers,” the Post wrote. More of the piece is worth quoting at length:

Here, the GOP has targeted spending to which it objects in the constitutionally appropriate way: passing a law through Congress, despite narrow majorities. Regardless of what one might think of the policy, that political decision deserves more judicial deference than an executive order.

By curbing funding for abortion providers, social conservatives have advanced one of their longtime legislative priorities, fair and square. To protect that funding in the future, liberals will need to make the case to voters in 2026 and 2028. Judicial fiat cannot substitute for democratic legitimacy.

Pro-abortion activists take note: You know something has gone wrong when you’ve lost The Washington Post.

If Americans’ representative form of government means anything at all, Congress has absolute authority to stop subsidizing the abortion business.

So far, 33 Planned Parenthoods have already announced they will close their doors this year. Let’s pray that’s just a start, and that Congress’ ability to defund the abortion seller will be swiftly restored.

The case is State of California v. U.S. Department of Health and Human Services.

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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