Radical Judge Doubles Down and Blocks Congressional Defunding of Planned Parenthood

Today marks a dark day for the pro-life movement and for every American who believes that their tax dollars should not be used to subsidize the nation’s largest abortion provider. We told you last week how U.S. District Judge Indira Talwani of Massachusetts granted a partial preliminary injunction allowing approximately 25% of Planned Parenthood’s affiliates to still receive Medicaid funding. We filed a crucial amicus brief in this case and are standing firm in the defense of the unborn.

The judge has now doubled down. In a shocking 58-page decision, she granted a preliminary injunction blocking the enforcement of Section 71113 of the 2025 Reconciliation Act (the “Big Beautiful Bill”)—legislation that would have finally ended federal Medicaid funding to Planned Parenthood Federation of America and its affiliates. Instead of last week’s partial order, this decision awards funding to all Planned Parenthood affiliates.

This judicial activism represents nothing less than a direct assault on the will of the American people and their elected representatives in Congress, who voted to stop forcing taxpayers to subsidize abortion.

Congressional Action To Protect Life Undermined by Judicial Overreach

After years of attempts, Congress finally succeeded in passing legislation that would have prohibited federal Medicaid reimbursements to “prohibited entities”—a carefully crafted definition that primarily targeted Planned Parenthood and its network of abortion mills. Section 71113 of the “Big Beautiful Bill” represented a historic victory for the pro-life movement, cutting off the federal funding spigot that allowed Planned Parenthood to operate as both the nation’s largest abortion provider and a powerful political force advocating for the destruction of innocent human life.

The legislation was the result of years of tireless advocacy by pro-life organizations, including the ACLJ, which has long fought to end taxpayer funding of abortion providers. As Speaker Mike Johnson declared when announcing the reconciliation (defunding) effort, the bill would “redirect funds away from Big Abortion”—a promise that should have finally been fulfilled. This is exactly what Congress should be doing: using its constitutional power of the purse to ensure that taxpayer dollars do not support organizations that maintain a primary mission of destroying innocent human life.

Instead, a single federal judge in Massachusetts has decided that her personal policy preferences matter more than the clear will of Congress and the American people.

Judge Talwani’s Dangerous Constitutional Interpretation

Judge Talwani’s decision rests on a series of deeply flawed constitutional arguments that would essentially make it impossible for Congress to ever defund abortion providers without defunding all healthcare providers. Her reasoning is not only legally suspect but represents a fundamental misunderstanding of both constitutional principles and the proper role of the judiciary.

She framed her faulty arguments based on:

First Amendment Rights of Association: The judge incredibly concluded that preventing Planned Parenthood affiliates from receiving taxpayer funding somehow violates their “First Amendment right of association.” The court stated that the law “burdens the exercise of Planned Parenthood Federation and its Members’ First Amendment right of association and is thus subject to strict scrutiny review.” This turns the First Amendment on its head.

The Constitution protects the right to associate—it does not create a right to receive taxpayer funding for that association. If accepted, this logic would mean that any group of organizations that work together could claim a constitutional right to federal funding simply because they associate with each other. The court’s reasoning would essentially constitutionalize government funding for any organization that engages in expressive activity.

Bill of Attainder Clause: Perhaps most troubling is Judge Talwani’s conclusion that Section 71113 constitutes an unconstitutional “bill of attainder.” This represents a dangerous expansion of the Bill of Attainder Clause that could cripple Congress’ ability to make targeted funding decisions. The judge argued that because the legislation’s criteria“encompass every Planned Parenthood Member but only two entities not affiliated with Planned Parenthood Federation,” it somehow constitutes legislative punishment of a specific group.

This reasoning is absurd. Congress routinely passes legislation with specific criteria that affect particular organizations or categories of organizations. The fact that Planned Parenthood dominates the market for abortion services doesn’t mean that Congress cannot craft legislation to address that reality. If this logic were accepted, Congress could never target any dominant player in any industry for regulatory action.

Congress is not “punishing” Planned Parenthood by choosing not to subsidize it. This law simply declines to subsidize organizations that provide elective abortions. There is a profound constitutional difference between punishment and the refusal to provide government benefits. Congress has every right to determine that taxpayer funds should not flow to organizations whose activities are contrary to the moral convictions of millions of Americans.

Equal Protection: The judge also ruled that the legislation violates equal protection principles because it treats Planned Parenthood differently from other abortion providers. But this ignores the fundamental purpose of the legislation: to stop subsidizing the nation’s largest and most politically active abortion provider. Planned Parenthood is not similarly situated to other healthcare providers—it is a massive network that combines abortion services with political advocacy to promote abortion on demand.

The ACLJ’s Continued Fight for Life

The ACLJ has been at the forefront of the battle to defund Planned Parenthood for years. We filed a comprehensive amicus brief in this case, arguing that Congress has both the constitutional authority and the moral obligation to ensure that taxpayer dollars do not subsidize the destruction of innocent human life.

Our brief emphasized several critical points that Judge Talwani ignored:

Congressional Spending Power: Congress has broad discretion under the Spending Clause to determine how federal funds are allocated. The Constitution does not require Congress to fund every organization equally or to continue funding organizations whose activities conflict with legitimate policy objectives.

No Right to Federal Funding: No organization—including Planned Parenthood—has a constitutional right to receive federal funding. The government routinely makes funding decisions based on policy preferences, and the courts should not second-guess those decisions absent clear constitutional violations.

Legitimate Government Interest: Protecting innocent human life represents the most compelling government interest imaginable. Congress acted well within its authority in deciding that taxpayer funds should not subsidize organizations that destroy human life through abortion.

Separation of Powers: Judge Talwani’s decision represents a dangerous intrusion into the legislative sphere. It is Congress, not the courts, that has the constitutional authority to make funding decisions. When judges substitute their policy preferences for those of elected representatives, they undermine the democratic process and exceed their proper constitutional role.

The Stakes Could Not Be Higher

This decision is about whether the American people can trust their elected Representatives to act on their behalf to protect innocent human life, or whether unelected federal judges will continue to thwart the will of the people to advance the abortion industry’s agenda.

Planned Parenthood receives over $600 million in taxpayer funding annually—money that subsidizes an organization that destroys over 350,000 innocent human lives each year. Every dollar that flows to Planned Parenthood is a dollar that could instead support genuine healthcare providers that affirm the dignity and sanctity of human life from conception to natural death.

The judge’s decision will force American taxpayers to continue subsidizing the killing of the unborn. While Planned Parenthood claims to provide essential healthcare services, the reality is that abortion comprises the core of their business model. They are not a healthcare provider—they are an abortion business that happens to provide some ancillary services.

The ACLJ will not stand idly by while judicial activists thwart legitimate congressional action to protect innocent human life. We are immediately preparing additional legal action to challenge this outrageous decision and to support the government’s inevitable appeal.

We will be filing additional briefs in the appellate courts, emphasizing the dangerous precedent that Judge Talwani’s decision creates and the urgent need for the courts to respect the proper constitutional roles of the legislative and judicial branches. The separation of powers is not a mere technicality—it is a fundamental constitutional principle that protects democracy itself.

This decision should serve as a wake-up call for every pro-life American. The abortion industry and its judicial allies will stop at nothing to preserve their taxpayer-funded gravy train. They will use every legal maneuver, every constitutional argument, and every procedural trick to continue forcing Americans to subsidize the destruction of innocent human life.

At its core, this case presents a fundamental question: Will America continue to force its citizens to participate in the destruction of innocent human life through their tax dollars, or will we finally recognize that the right to life is the most fundamental right of all? Judge Talwani’s decision answers that question incorrectly, prioritizing the supposed “associational rights” of abortion providers over the actual right to life of innocent unborn children. This represents a profound moral failure that demands immediate correction.

The ACLJ will not rest until taxpayer funding of abortion ends once and for all. We will continue to fight in the courts, in Congress, and in the court of public opinion until every American can be confident that their tax dollars are not being used to destroy innocent human life. The sanctity of life is not negotiable. The protection of innocent human life is not optional. Congress has spoken clearly: American taxpayers should not be forced to subsidize the nation’s largest abortion provider. We will continue fighting until that principle is vindicated in law and policy.