Planned Parenthood on Monday sued over a provision in Congress’ recently passed spending bill that denies Medicaid reimbursement funding to the organization and its affiliates for one year, potentially limiting services for millions.
The organization warned of steep consequences if the provision is enforced, claiming:
[T]he Defund Provision will devastate Planned Parenthood Members, their patients, and the broader public health of the Nation. If allowed to take effect and construed to apply to all Members, the Defund Provision will jeopardize care for the more than 1,000,000 patients per year who receive care from Planned Parenthood Members through the Medicaid program—with many of those patients losing access to health care altogether.
Hours after the complaint was filed, the US District Court for the District of Massachusetts granted a preliminary injunction against the Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS), and their directors, enjoining them from enforcing the legislation. The temporary injunction will stay in effect for 14 days.
Planned Parenthood filed the suit on behalf of itself and 47 member organizations. The complaint argued that the provision violates the First and Fifth Amendments of the Constitution, as well as the Bill of Attainder Clause, which prohibits Congress from enacting laws that punish individuals or groups without due process of law.
Plaintiffs claimed that while the bill only prevents “prohibited entities” from receiving funding, the statute defines “prohibited entity” to specifically target Planned Parenthood-affiliated organizations. Under the bill, “prohibited entities” are non-profit organizations that provide abortion services, are “primarily engaged in family planning services,” and received more than $800,000 in Medicare payments in 2023.
The complaint stated: “When taken together…all but a small number of the entities that satisfy these criteria…are Planned Parenthood Members… And there is no indication that Members of Congress were even aware that any other entity could qualify.”
President Donald Trump and GOP leaders have sought to defund Planned Parenthood for years. In response to the pressure, Planned Parenthood has engaged in political campaigning to prevent a sweeping overhaul. The complaint recounted repeated efforts to cut federal funding to the organization and its affiliates, arguing that the bill retaliates in part against the organization’s protected political speech.
Because the bill allegedly targets Planned Parenthood, the plaintiffs also argue it violates equal protection:
The Defund Provision purposefully treats Planned Parenthood Members unlike other organizations that provide the same medical care… the Defund Provision singles Planned Parenthood Members out for unequal treatment based on their association with other providers of lawful abortion and… their advocacy for access to sexual and reproductive health care, including abortion. The Defund Provision does not similarly restrict other abortion providers’ associational rights.
The suit and the injunction follow a recent Supreme Court opinion that limits lower federal courts from enjoining executive actions. The court struck down district courts’ ability to issue “universal injunctions,” but maintained their ability to issue injunctions on parties to a given action.