Federal Judge Issues New Order Protecting All Planned Parenthood Clinics From Medicaid ‘Defunding’

Planned Parenthood affiliates nationwide are once again protected from a “defunding” provision passed by Congress after a federal judge in Massachusetts granted an emergency request for a new preliminary injunction.

Earlier this month, Washington Gov. Bob Ferguson said the state would provide $11 million in funding if Planned Parenthood loses its lawsuit and federal support. There are 30 clinics in the state that serve 10,000 patients every year. (Photo by Jake Goldstein-Street/Washington State Standard)

The order from U.S. District Judge Indira Talwani, appointed by former Democratic President Barack Obama, comes one week after an initial injunction blocked only certain clinics from receiving Medicaid funds under the new law. One of the affiliates that filed the lawsuit, Planned Parenthood Association of Utah, along with affiliates that did not provide abortion services or that did not bill Medicaid more than $800,000 in fiscal year 2023, were protected, which covered a fraction of the 600 clinics nationwide.

In the weeks since President Donald Trump signed massive budget reconciliation bill H.R. 1 on July 4, the mere threat of cuts has caused clinics to close or restrict services in several states. Two clinics shut their doors in rural areas of Ohio, two closed in the Houston area of Texas, and five closed in California, according to news reports. In California alone, the Medicaid cuts would create a loss of $300 million in funding for the state’s 114 clinics that serve more than 1 million patients per year, according to CalMatters.

In Washington state, where abortion access is legal and available until fetal viability, Gov. Bob Ferguson announced on July 9 that the state would provide the $11 million in federal funding lost if the lawsuit is unsuccessful. There are 30 Planned Parenthood clinics in Washington that serve 10,000 patients every year, and Medicaid covers about half of them, Washington State Standard reported.

The national group, Planned Parenthood Federation of America, said the initial decision was disappointing and asked the court to reconsider, which Talwani granted Monday.

Attorneys for the Trump administration appealed the initial injunction on July 23, and told the court they opposed the emergency request for a new injunction.

Planned Parenthood Federation of America and affiliates in Massachusetts and Utah sued just a few days after Congress passed the bill that included the provision the organization said directly targeted their services for Medicaid funding cuts  — a longstanding goal of anti-abortion advocates and many Republican elected officials. Federal Medicaid dollars cannot be used for abortion services except in cases of rape, incest, or certain health conditions.

The clinics rely heavily on Medicaid funding to provide standard reproductive health care at little to no cost, including treatment for sexually transmitted infections, cancer screenings, and contraception. Planned Parenthood provides services for about 2 million patients every year, and 64% of clinics are in rural areas or places with health care provider shortages.

In the order, Talwani said the law — part of a sweeping package of tax and spending cuts approved by a party-line vote — unfairly targets Planned Parenthood for punishment without a trial, and violates free speech constitutional rights by preventing the organization from advocating for reproductive health care.

Attorneys for the U.S. Department of Justice have argued Congress was free to target those clinics because “larger providers carry out more abortions and receive more government subsidies,” and said the law is meant to “stop federal subsidies for Big Abortion.” Talwani said those arguments were not persuasive and that it is unlikely they can justify the defunding as part of a goal to reduce abortion.

“… it is unclear how including only entities that are non-profits and provide medical services in underserved communities is in any way related to reducing abortion. Nor is it clear how withholding Medicaid reimbursements from Planned Parenthood Members who do not provide abortion furthers that end,” Talwani wrote.

Dominique Lee, president and CEO of Planned Parenthood League of Massachusetts, called the ruling a “powerful reminder that patients, not politics, should guide health care.”

Lee said in a statement: “In Massachusetts and beyond, we will keep fighting to ensure everyone can turn to the provider they trust, no matter their insurance or zip code.”

by Kelcie Moseley-Morris, Virginia Mercury

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