Court Blocks Partial Planned Parenthood Defunding in Medicaid Ruling
Judge Talwani Finds Law Likely Violates Free Association, Equal Protection; Temporary Injunction Shields Non-Abortion Affiliates
U.S. District Judge Indira Talwani issued a temporary injunction partially blocking a new federal law that cuts Medicaid funds to Planned Parenthood, ruling today that it likely burdens First Amendment associational rights and denies equal protection.
The ruling targets Section 71113 of the Reconciliation Act, enacted July 4, 2025, which bars Medicaid reimbursements for one year to “prohibited entities”—tax-exempt nonprofits primarily in family planning that provide elective abortions (except for rape, incest, or maternal life risks)—and their affiliates, if they exceeded $800,000 in FY 2023 Medicaid funds.
Planned Parenthood Federation of America, with Massachusetts and Utah affiliates, sued HHS Secretary Robert F. Kennedy Jr. and CMS Administrator Mehmet Oz, alleging the law is a bill of attainder, violates free speech and association, and unequal treatment. They sought an emergency injunction.
Judge Talwani found a strong likelihood of success for non-qualifying members (those not providing abortions or under the funding threshold), ruling the affiliate clause forces disaffiliation from the Federation, burdening expressive ties to reproductive rights advocacy. Citing Alliance for Open Society, she applied strict scrutiny.
On equal protection, she ruled the law disproportionately targets Planned Parenthood—covering 46 of its providers plus two others—while sparing most abortion providers, failing to align with reducing abortions or subsidies.
Defendants argued the law reflects voter mandates to avoid subsidizing abortion providers, focusing on actions not speech, but the court found claims ripe due to chilling effects.
The ruling highlights irreparable harm from clinic closures, care disruptions for over a million patients, and rises in unintended pregnancies and STIs—potentially increasing abortions. Public interest favors protecting First Amendment rights over funding preferences, with no added Medicaid costs.
The preliminary injunction, preserving normal disbursements for non-qualifying members like Utah’s, denies a stay pending appeal. Broader enforcement remains under advisement, signaling limits on defunding efforts amid conservative pushes to curb federal support for abortion-linked entities.
Read the full order: HERE