Planned Parenthood

California and a coalition of other liberal-led states sued the Trump administration Tuesday over a provision in the “Big Beautiful Bill” that bars Planned Parenthood and other large nonprofit abortion providers from receiving Medicaid funding for a host of unrelated healthcare services.

The measure has threatened clinics across the country that rely on federal funding to operate. California Atty. Gen. Rob Bonta, who is helping to lead the litigation, called it a “cruel, backdoor abortion ban” that violates the law in multiple ways.

The states’ challenge comes one day after Planned Parenthood won a major victory in its own lawsuit over the measure in Boston, where a federal judge issued a preliminary injunction blocking the ban from taking effect against Planned Parenthood affiliates nationwide.

Federal law already prohibits the use of federal Medicaid funding to pay for abortions, but the new “defund provision” in the bill passed by congressional Republicans earlier this month goes further. It also bars nonprofit abortion providers that generated $800,000 or more in annual Medicaid revenue in 2023 from receiving any such funding for the next year — including for services unrelated to abortion, such as annual checkups, cancer screenings, birth control and testing for sexually transmitted infections.

Attorneys for the U.S. Department of Justice have argued that the measure “stops federal subsidies for Big Abortion,” that Congress under the constitution is “free to decline to provide taxpayer funds to entities that provide abortions,” and that Planned Parenthood’s position should not hold sway over that of Congress.

In announcing the states’ lawsuit Monday, Bonta’s office echoed Planned Parenthood officials in asserting that the provision specifically and illegally targets Planned Parenthood and its affiliate clinics — calling it “a direct attack on the healthcare access of millions of low-income Americans, disproportionally affecting women, LGBTQ+ individuals, and communities of color.”

Bonta’s office said the measure threatened $300 million in federal funding for clinics in California, where Planned Parenthood is the largest abortion provider, and “jeopardized the stability” of Planned Parenthood’s 114 clinics across the state, which serve about 700,000 patients annually — many of whom use Medi-Cal, the state’s version of Medicaid.

During a virtual news conference Monday, Bonta noted that federal funds already don’t cover abortions. He said the new provision was “punishment for Planned Parenthood’s constitutionally protected advocacy for abortion” and “a direct attack on access to essential healthcare for millions who rely on Medicaid.”

“The Trump administration and Congress are actually gutting essential lifesaving care, like cancer screenings and STI testing, simply because Planned Parenthood has spoken out in support of reproductive rights,” Bonta said. “The hypocrisy is really hard to ignore. A party that claims to be defenders of free speech only seem to care about it when it aligns with their own agenda.”

Bonta added: “Rest assured, California will continue to lead as a reproductive freedom state, and will continue to defend healthcare as a human right.”

In their lawsuit, the states argue that the measure is unlawfully ambiguous and violates the spending powers of Congress by singling out Planned Parenthood for negative treatment, and that it will harm people’s health and increase the cost of Medicaid programs for states by more than $50 million over the next decade.

In its lawsuit, Planned Parenthood also argued that the measure intentionally singled it and its affiliates out for punishment, in violation of their constitutional rights, including free speech.

In granting Planned Parenthood’s request for a preliminary injunction, U.S. District Judge Indira Talwani wrote Monday that she was “not enjoining the federal government from regulating abortion and is not directing the federal government to fund elective abortions or any healthcare service not otherwise eligible for Medicaid coverage.”

Talwani, an Obama appointee, wrote that she also was not requiring the federal government “to spend money not already appropriated for Medicaid or any other funds.”

Instead, Talwani wrote, her order blocks the Trump administration from “targeting a specific group of entities — Planned Parenthood Federation members — for exclusion from reimbursements under the Medicaid program,” as they were likely to prove that “such targeted exclusion violates the United States Constitution.”

In a statement to The Times on Tuesday, White House spokesman Harrison Fields said the “Big, Beautiful Bill” was “legally passed by both chambers of the Legislative Branch and signed into law by the Chief Executive,” and Talwani’s order granting the injunction was “not only absurd but illogical and incorrect.”

“It is orders like these that underscore the audacity of the lower courts as well as the chaos within the judicial branch. We look forward to ultimate victory on the issue,” Fields said.

The White House did not immediately respond to a request for additional comment on the states’ lawsuit.

Jodi Hicks, president and CEO of Planned Parenthood Affiliates of California, joined Bonta during his news conference. She welcomed the states’ lawsuit, saying “an attack this severe requires a multi-pronged response with both short and long term strategies.”

Hicks said it’s particularly important that California is helping to fight back, given the huge stakes for the state.

“California is the most impacted state across the country because of the volume of patients that we have, but also because of the amount of Medicaid that our state takes,” she said. “It speaks to our values. And this defund provision is certainly [an] attack on values — most heavily on California.”

Bonta is leading the lawsuit along with the attorneys general of Connecticut and New York. Joining them are Pennsylvania Gov. Josh Shapiro and the attorneys general of Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.

Bonta noted the lawsuit is the 36th his office has filed against the Trump administration in the last 27 weeks.

July 8 (UPI) — A federal judge has awarded Planned Parenthood a win over the Trump administration, halting a provision in President Donald Trump‘s massive tax cuts and benefits bill that prevents patients from using Medicaid at its healthcare facilities.

Judge Indira Talwani of the U.S. District Court of Massachusetts issued her temporary restraining order Monday evening, ordering the Trump administration to take “all steps necessary to ensure that Medicaid funding continues to be disbursed in the customary manner and timeframes to Planned Parenthood Federation and its members.”

The ruling came hours after Planned Parenthood filed its lawsuit against a provision in Trump’s policy bill that puts in place a one-year ban on Medicaid payments to healthcare nonprofits that provide abortion services while receiving more than $800,000 in Medicaid reimbursements in fiscal year 2023.

The nonprofit family medical provider accused the Trump administration of unlawfully targeting it with the so-called defund provision.

It said the provision’s purpose was to specifically “punish” Planned Parenthood for advocating for and providing legal abortion access outside of the Medicaid program and without using federal funds.

The lawsuit added that the provision was made specifically to target Planned Parenthood as those who would be affected by it are “almost entirely” its members.

“And if there were any doubt, President Trump, Speaker [Mike] Johnson and their allies have been promising to ‘defund Planned Parenthood’ for years now,” the lawsuit states. “That is what the Defund Provision does.”

According to the lawsuit, if the provision is allowed to stand, it would threaten the healthcare of more than 1 million Americans who use Medicaid as their insurance at Planned Parenthood centers for care ranging from birth control to cancer screenings.

“The Defund Provision is a naked attempt to leverage the government’s spending power to attack and penalize Planned Parenthood and impermissibly single it out for unfavorable treatment,” the lawsuit states.

“It does so not only because of Planned Parenthood members’ long history of providing legal abortions to patients across the country, but also because of Planned Parenthood’s unique role in advocating for policies to protect and expand access to sexual and reproductive healthcare, including abortion.”

In a statement following the ruling, Planned Parenthood said it was “grateful” for the swift action.

“In states across the country, providers have been forced to turn away patients who use Medicaid to get basic sexual and reproductive healthcare because President Trump and his backers in Congress passed a law to block them from going to Planned Parenthood,” it said on Threads.

“The fight is just beginning, and we look forward to our day in court!”

June 26 (UPI) — The U.S. Supreme Court ruled Thursday that Planned Parenthood South Atlantic, the nonprofit’s arm that covers South Carolina, can’t sue the state over its closing off of the nonprofit’s Medicaid funding because it provides abortions.

“The U.S. Supreme Court has affirmed our right to exclude abortion providers from receiving taxpayer dollars,” wrote Gov. Henry McMaster, R-S.C., in an X post Thursday.

“Seven years ago, we took a stand to protect the sanctity of life and defend South Carolina’s authority and values,” he added, “and today, we are finally victorious.”

The 6-3 decision followed the court’s ideological makeup, with the three liberal judges in dissent while the six conservative judges ruled in support.

The court’s syllabus noted 42 U.S. Code Section 1983, which allows private parties to file suit against state officials who violate their Constitutional rights. However, in the opinion of the Court, which was delivered by Justice Neil Gorsuch, he wrote that “federal statutes do not automatically confer [Section 1983]-enforceable ‘rights.'”

“This is especially true of spending-power statutes like Medicaid, where ‘the typical remedy’ for violations is federal funding termination, not private suits,” he continued.

“No court has addressed whether that Medicare provision creates [Section 1983] rights,” he later wrote.

Justice Ketanji Brown Jackson wrote the dissent, and she also referred to Section 1983.

“South Carolina asks us to hollow out that provision so that the State can evade liability for violating the rights of its Medicaid recipients to choose their own doctors,” Jackson stated. “The Court abides South Carolina’s request. I would not.”

South Carolina had announced in July of 2018 that Planned Parenthood could no longer participate in the state’s Medicaid program, under a state law that prohibits the use of its own public funding for abortions.

The order further affected patients in that it had the effect of also blocking Planned Parenthood patients from receiving services such as breast exams, sexually transmitted diseases and contraception.

Planned Parenthood South Atlantic announced on its social media platform Thursday that, “Today, the U.S. Supreme Court decided that people using Medicaid in South Carolina no longer have the freedom to choose Planned Parenthood South Atlantic as their sexual and reproductive health care provider.”

“If you are a patient using Medicaid, keep your appointment,” the post continued. “We’re still here to provide you with the low or no cost care you deserve.”

The post concluded with “We’re in this with you, and we aren’t going anywhere.”