A Massachusetts federal court granted a preliminary injunction on Monday in favor of Planned Parenthood, temporarily blocking the US President Donald Trump’s administration from following through on defunding efforts in the recently passed reconciliation bill.
To support the finding of her order, Judge Indira Talwani held that the plaintiffs, Planned Parenthood, are likely to succeed on their claim that Section 71113 of the 2025 Reconciliation Act violates their First Amendment rights. Judge Talwani reasoned that because Section 71113 could be applied to Planned Parenthood members who do not provide abortion, the law “impermissibly conditions” those members to waive their right to “associate with Planned Parenthood Federation and other [m]embers.”
Section 71113 identifies certain “prohibited entities” that are excluded from Medicaid reimbursement funding. The prohibited entities are defined as non-profit organizations that received more than $800,000 in Medicare payments in 2023, provide abortion services, and are “primarily engaged in family planning services.” Without this funding, Planned Parenthood is concerned that they will have to cut hours and programs, lay off staff, and “eventually close health centers.”
Defendants argued that the section simply blocks funding depending on whether the organizations “provide abortion services.” However, Judge Talwani agreed that while that may be true, the statute withholds funding based on “an entity, including its affiliates,” that provides abortion services. In other words, Section 71113 requires members who don’t provide abortion services to dissociate from Planned Parenthood in order not to be swept up by the “law’s burden.”
Judge Talwani clarified that her order does not require the federal government to “fund elective abortions” or “spend money not already appropriated for Medicaid.” Rather, the order stops the Trump administration from targeting organizations like Planned Parenthood to block their Medicaid reimbursements.
Planned Parenthood filed the lawsuit in early July, with the district court quickly granting a temporary restraining order to block the Trump administration from enforcing Section 71113 against Planned Parenthood and its affiliates. Planned Parenthood argued that the statute should not apply to its members who do not “independently satisfy” the law’s requirements, and if it does, it is unconstitutional and violates the First and Fifth Amendments.
President and CEO of the Planned Parenthood League of Massachusetts Dominique Lee welcomed the court’s ruling:
We’re encouraged by today’s ruling, which protects access to care for Medicaid patients in Massachusetts while this case moves forward. At a time when reproductive health care access is under constant attack, this decision is a powerful reminder that patients, not politics, should guide health care. 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.
The 2025 Reconciliation Act is not the first of its kind. There have been several attempts by members of Congress to defund Planned Parenthood. In 2017, another reconciliation bill was introduced to similarly prevent prohibited entities from receiving Medicaid funding for a one-year period.
The final merits of Planned Parenthood’s claim have yet to be heard.
