ACLJ Fights Back: Maine Family Planning Joins Planned Parenthood To Block Bill Defunding of the Abortion Industry in New Lawsuit

Just days after Planned Parenthood launched a lawsuit against the Trump Administration for refusing to subsidize it with your tax dollars, another abortion provider is following their lead.

On Wednesday, July 16, Maine Family Planning filed its own federal lawsuit, asking a judge to force the government to keep sending them Medicaid funds – even though Congress lawfully changed the eligibility rules. Just like Planned Parenthood, Maine Family Planning wants a federal court to override Congress’ constitutional spending authority and write them a check using your money.

We are preparing to file a critical amicus brief in the case – because the Constitution is clear: Congress holds the power of the purse. Not Planned Parenthood. Not Maine Family Planning. And not the federal courts.

Congress Voted To Stop Funding Large Abortion Providers and the Abortion Industry Is Suing To Get Around It

In June, Congress passed a commonsense law: It simply excludes from Medicaid reimbursement any family planning provider that receives more than $800,000 a year from the federal government and that also performs or promotes abortion. This restriction doesn’t mention Planned Parenthood or Maine Family Planning by name – but it doesn’t have to.

If you’re taking over $800,000 in Medicaid dollars and you’re in the abortion business, you don’t get to bill taxpayers anymore. That’s the law.

But that’s not acceptable to the abortion industry. It wants special treatment. So now it’s running to the courts to ask unelected judges to override the will of Congress.

Maine Family Planning: “We Want the Money Anyway”

Maine Family Planning – a regional abortion business that operates a network of clinics across the state – filed suit in federal court. Their legal argument is nearly identical to Planned Parenthood’s: They claim Congress violated the Constitution by choosing not to subsidize them.

They are demanding a temporary restraining order (TRO) to force the government to keep reimbursing them, even though they acknowledge they no longer qualify for funding under the new law.

In other words, they admit they’re ineligible, but they want the money anyway. That’s not how the Constitution works.

The U.S. Constitution Does Not Guarantee Abortion Providers a Government Check

There is no constitutional right to Medicaid funding. There is no constitutional right to a federal subsidy. And there is no constitutional right to taxpayer dollars for an organization that performs abortions.

As we recently explained, the U.S. Supreme Court has been clear: Congress decides how to spend federal funds. If Congress chooses not to subsidize abortion providers, that’s not punishment – it’s policymaking. That’s exactly what the Constitution empowers Congress to do.

But Maine Family Planning – just like Planned Parenthood – wants to flip that constitutional structure on its head.

In its motion for emergency relief, Maine Family Planning says it will have to stop accepting new Medicaid patients by the end of October if funding isn’t restored. They say it will impact patients in rural areas.

Let’s be clear: Congress didn’t shut these clinics down. Maine Family Planning is choosing to do that – because they would rather close their doors than stop providing abortions.

Maine Family Planning is one of the primary abortion providers in Maine and operates 18 clinics across the state. They receive about $1.9 million in Medicaid reimbursement annually – more than 25% of their budget. Maine Family Planning states that losing this funding may force them to turn away patients or shutter operations. But again – that’s their choice, not Congress’.

We’re Watching and We’re Ready

We are tracking this new case in Maine closely, and we are preparing to engage. The ACLJ has already engaged in the Planned Parenthood lawsuit by filing an amicus brief, and we are now preparing to file a similar amicus brief in this new attack by Maine Family Planning.

The stakes are high: If these lawsuits succeed, it will mean that Congress can no longer control how your tax dollars are spent. Any organization that loses its subsidy could just run to court and claim a constitutional injury.

That is not how our system works.

Congress spoke clearly: Taxpayer dollars should not flow to abortion providers that rake in nearly $1 million or more each year from Medicaid. That’s a reasonable policy decision made by the elected Representatives of the people.

But now, the abortion industry wants to erase that decision – and force you to fund them anyway.

We are reviewing this lawsuit and preparing to take action to defend Congress’ constitutional authority. We’ll keep you updated every step of the way.