A district judge appointed by former President Barack Obama has upheld her own order from late last week blocking a provision of the “Big, Beautiful Bill” that defunds abortion giant Planned Parenthood of taxpayer dollars through Medicaid.
U.S. District Judge Indira Talwani issued an amended temporary restraining order on Friday explaining why she decided to block the provision ahead of a hearing — after releasing an initial order on July 7 blocking the provision with no explanation, just hours after Planned Parenthood filed its lawsuit. Talwani released the updated order after the Trump administration asked her to dissolve what it called a “highly unusual” temporary restraining order, Reuters reported.
“The administration said Talwani’s brief order provided no explanation for why she was blocking part of the One Big Beautiful Bill Act the Republican-led Congress passed that bars health care providers like Planned Parenthood’s clinics that offer abortions from receiving Medicaid reimbursements,” the report details.
Talwani responded that blocking the provision was necessary to prevent disruptions to health care until she can hear arguments in the case on July 18.
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“[The provision] is already forcing some Members to turn away patients enrolled in Medicaid; to attempt to refer them to other providers; or to offer Medicaid patients (who, by criteria of the program, have low incomes) the option to pay out-of-pocket for services where state law allows. And patients who can still access care at Planned Parenthood Member health centers could experience delays in receiving care with the law’s implementation,” she wrote.
“Where [the provision] creates disruptions to healthcare with its implementation, a Temporary Restraining Order is necessary to prevent irreparable harm pending a hearing on Plaintiffs’ request for a Preliminary Injunction,” she continued.
Talwani also claimed that Planned Parenthood is “likely to succeed on at least some of their claims that [the provision] is unconstitutional where the provision excludes ‘affiliates’ from receiving Medicaid funding.” She specifically contended that the provision could create confusion among affiliates that are members of Planned Parenthood Federation of America, the parent organization, that do not find themselves qualifying as prohibited entities, such as clinics that do not perform abortions in states with restriction or clinics that received less than $800,000 in Medicaid reimbursements in the 2023 fiscal year.
“The Supreme Court has long understood as implicit in the right to engage in activities protected by the First Amendment a corresponding right to associate with others in pursuit of desired political, educational, or social ends,” she wrote. “By including “affiliates,” [the provision] burdens Planned Parenthood Members’ right to associate with each other and with Planned Parenthood Federation.”
Talwani said the temporary restraining order will remain in effect through July 21, 2025, pending further legal action.
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Planned Parenthood alleges in its lawsuit that Congress targeted Planned Parenthood out of other abortion providers in how it wrote the provision which bars Medicaid funding for one year. While the provision does not explicitly name Planned Parenthood, the organization is the only abortion provider that falls under the restrictions outlined in the bill.
Planned Parenthood also argued that having its Medicaid funding cut off would have “devastating effects” on the organization. Planned Parenthood has claimed that nearly 200 of its clinics are becoming “at risk of closure” because of the defunding measure.
Defunding abortion providers through the reconciliation process allowed the Senate to bypass the critical 60-vote threshold for a simple majority vote, instead capitalizing on Republicans’ overall trifecta. While federal funding for abortions is barred by the Hyde Amendment — except in cases of rape, incest, or life of the mother — pro-life opponents argue no federal funds should be used to prop up any organization that performs abortions.
Planned Parenthood’s most recent annual report revealed record abortions and taxpayer funding in 2023-2024.
The report, called “A Force For Hope,” states that 402,230 unborn babies were killed in abortions, up from 392,715 the previous year. At the same time, the organization received $792.2 million in taxpayer funding, up almost $100 million from the previous year.
Last month, the Supreme Court separately ruled that South Carolina could block Planned Parenthood from receiving Medicaid funds, finding that Planned Parenthood could not sue the state under a civil rights law.
The case is Planned Parenthood Federation of America v. Robert F. Kennedy Jr., No. 1:25-cv-11913 in the U.S. District Court for the District of Massachusetts.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
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