Judge Partially Blocks Enforcement Of Planned Parenthood Defunding
BOSTON — A federal judge issued a preliminary injunction Monday partially granting Planned Parenthood’s request to prevent enforcement of the defund measure included in the recent budget reconciliation bill approved by Congress and signed by President Donald Trump.
The injunction, granted by U.S. District Judge Indira Talwani in Massachusetts, prevents enforcement of the bill’s defund measure against Planned Parenthood clinics that do not provide abortions and those that receive less than $800,000 in Medicaid reimbursements annually.
The reconciliation bill or “Beautiful Big Bill,” blocked Planned Parenthood, the nation’s largest abortion provider, from receiving Medicaid funding for a full year. This loss of federal funding for Planned Parenthood is estimated to be multiple millions of dollars and could potentially lead to the closing of hundreds of facilities nationwide.
A joint statement from Planned Parenthood Federation of America, Planned Parenthood League Massachusetts and Planned Parenthood Association of Utah praised Judge Talwani’s ruling but voiced their continued desire to prevent defunding for all Planned Parenthood entities.
“While we’re grateful that the court recognized the harm caused by this law, we’re disappointed that not all members were granted the necessary relief today,” the Planned Parenthood entities said in a Monday press release. The statement added that there would be a “public health crisis” if Planned Parenthood is allowed to be defunded.
After the reconciliation bill became law in early July, this group of Planned Parenthood entities quickly brought their case to Talwani, asking her to temporarily block the Medicaid funding cuts from going into effect.
The entities claim the word “affiliate” in the language of the bill’s defund measure includes Planned Parenthood members that don’t provide abortions as well as those that receive less than $800,000 annually, such as Planned Parenthood Utah. They claim the law violates those clinics’ First Amendment guarantee of freedom of association, meaning their association with the larger Planned Parenthood organization would result in a loss of their Medicaid reimbursements.
Planned Parenthood also issued an equal protection challenge to due process under the Fifth Amendment saying the law specifically targets Planned Parenthood and leaves other abortion providers out.
Miles Mullin, vice president and chief of staff for the Ethics & Religious Liberty Commission (ERLC), voiced vigorous opposition to PP’s arguments.
“Planned Parenthood’s claims that losing taxpayer money to help subsidize the promotion and practice of abortion violates their free speech does not hold water,” Mullin said.
“Even if a particular Planned Parenthood clinic does not perform abortion, it promotes and recommends abortion, often directing vulnerable women across state lines to obtain one. Beyond the blatant disregard for Congress’s right to establish spending and keep our tax dollars from supporting abortion inherent in this ruling, it also gives no consideration to the over 400,000 children whose speech is forever silenced each year in Planned Parenthood clinics across the nation.”
After Planned Parenthood brought its case to Talwani, the judge issued a temporary restraining order (TRO) blocking enforcement of the reconciliation bill’s defunding measure against all Planned Parenthood clinics until a hearing on the group’s injunction could take place.
The restraining order, issued July 7, applies only to Planned Parenthood, while allowing the discontinuation of funds to other abortion providers. However, there are few such providers that aren’t affiliated with Planned Parenthood.
The Trump administration asked Talwani to dissolve her July 7 order, calling it “highly unusual” and claiming she had not provided any explanation for her ruling.
Talwani doubled down by dissolving her initial order before issuing a revised one Friday, July 11, expanding on her reasoning. Her July 21 ruling then partially granted Planned Parenthood’s request for an injunction, preventing the defunding of Planned Parenthood members that don’t perform abortions or that receive Medicaid funding below the $800,000 threshold set by Congress.
The equal protection challenge, which Planned Parenthood hoped would block the defunding of all its members, has yet to be ruled on.
Many expect the Trump administration to appeal the ruling to the First Circuit Court of Appeals (which Massachusetts falls under). If an appeal is denied, the case could go to the U.S. Supreme Court.
The battle to defund Planned Parenthood nationwide has picked up steam in recent months, highlighted by many Southern Baptists participating in “Defund Day” protests before the reconciliation bill was signed into law, and a recent Supreme Court decision upholding South Carolina’s effort to defund Planned Parenthood in the state.
“The ERLC remains hopeful that the Trump Administration will appeal this injunction in order to save as many lives as possible, and we will not relent in our efforts to keep tax dollars from funding these morally bankrupt organizations,” Mullin said.
This article has been republished courtesy of Baptist Press.
Timothy Cockes is news editor at New Orleans Baptist Theological Seminary.