Photo: Alamy
A federal appeals court on Thursday cleared the way for the Trump administration to enforce a new law that cuts Planned Parenthood and its affiliates off from Medicaid funding if they continue to provide abortions.
The 1st U.S. Circuit Court of Appeals in Boston lifted a preliminary injunction issued in July by U.S. District Judge Indira Talwani, who had concluded the provision likely violated the Constitution by singling out Planned Parenthood as punishment for offering abortion services.
The measure is part of the One Big Beautiful Bill Act, recently passed by the Republican-led Congress. It denies Medicaid funds to certain tax-exempt organizations and their affiliates that perform abortions.
Planned Parenthood and several affiliates sued to block the provision, warning it would have “catastrophic” consequences for nearly 600 of its health centers nationwide, potentially forcing almost 200 locations across 24 states to close.
The Justice Department argued the injunction improperly overrode the will of Congress and the president.
“Taxpayer funds should not be used to subsidize certain entities that practice abortion — conduct that many Americans find morally abhorrent,” government lawyers told the appeals court.
Talwani, who was appointed by former President Barack Obama, had ruled the measure likely amounted to an unconstitutional “bill of attainder.” Such legislative acts, which impose punishment without a trial, are prohibited under the Constitution.
In asking the appeals court to pause her order, the Justice Department called Talwani’s reasoning “flimsy,” adding, “Halting federal subsidies bears no resemblance to the punishments — including death, banishment, and imprisonment — previously understood as implicating the Clause.”
The government also challenged Talwani’s view that the law burdened the rights of some Planned Parenthood affiliates that do not provide abortions but are connected to the national organization, in violation of the First Amendment’s protections for free speech and association.
The three-judge panel that allowed the law to move forward was made up entirely of judges appointed by former President Joe Biden.
Students for Life President Kristan Hawkins celebrated the news on X, referring to the late Charlie Kirk’s role in moving the effort forward. “Charlie, you helped do this,” she wrote.