Federal District Judge Temporarily Blocks Defunding Planned Parenthood in Big Beautiful Bill

Judge Indira Talwani says the temporary order to keep funds flowing will last for two weeks.

Olivier Douliery/Getty Images
Anti-abortion activists hold a rally opposing federal funding for Planned Parenthood. Olivier Douliery/Getty Images

Planned Parenthood’s funding will not yet be cut off after a federal judge on Monday evening temporarily blocked a provision of the Ong Big Beautiful Bill Act aimed at defunding the group for one year. The judge says the temporary order will only last for 14 days. 

Judge Indira Talwani of the district of Massachusetts issued her order on Monday evening, just hours after Planned Parenthood sued to keep their government funds flowing. 

“Defendants, their agents, employees, appointees, successors, and anyone acting in concert or participation with Defendants shall take all steps necessary to ensure that Medicaid funding continues to be disbursed in the customary manner and timeframes to Planned Parenthood Federation of America and its members,” Judge Talwani writes. 

Earlier in the day on Monday, Planned Parenthood and their state-level organization in Massachusetts filed their lawsuit in federal court, arguing that the provision of the One Big Beautiful Bill Act that defunds the group violates the Bill of Attainder Clause of the Constitution, as well as Planned Parenthood’s First and Fifth Amendment rights. 

Judge Talwani’s order specifically places a hold on parts of Section 71113 of the big, beautiful bill. That provision states that no Medicaid funds may be used for one year to fund any organization that provides abortions unless the pregnancy is “the result of an act of rape or incest” or “in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself.”

Planned Parenthood’s argument is that, while the big, beautiful bill does not mention their organization by name, it is clearly an attempt to target them in violation of the Constitution’s Bill of Attainder Clause. That clause states that no individual may face punishment via the legislative branch. 

“The Defund Provision specifically punishes Planned Parenthood Members by making them ineligible for Medicaid reimbursement,” the organization writes in their lawsuit. “Accordingly, Plaintiffs are entitled to a declaratory judgment, judgment awarding them preliminary and permanent injunctive relief, attorneys’ fees, costs, and any other relief the Court deems just and appropriate.”

They also argue that their Fifth Amendment right to equal protection has been violated because supporters of the “Defund Provision” have specifically stated that their goal is to strip Planned Parenthood of government funding. 

On First Amendment grounds, Planned Parenthood also alleges that this provision is illegal because they are being targeted due to “their participation in the nation’s most high-profile membership association of abortion providers, known for its advocacy for abortion rights and access across the country.”

“Context confirms the retaliatory animus underlying the Defund Provision. Over a decade worth of failed attempts and public statements demonstrate that Congress passed the Defund Provision to target Planned Parenthood,” the group says. 

By the time Judge Talwani had issued her order, the government had yet to respond to the lawsuit. The defendants in the case are the Department of Health and Human Services and its leader, Robert F. Kennedy Jr., as well as the Center for Medicare and Medicaid Services and the agency’s administrator, Mehmet Oz. 


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