Friday, December 5, 2025

Boston Judge (Again) Intervenes to Force Payments to Planned Parenthood

District Court Judge Indira Talwani has made significant legal rulings in favor of Planned Parenthood, particularly concerning federal funding and Medicaid. Her recent decision has stirred controversy and raised questions about the separation of powers and the interpretation of congressional power regarding funding.

1. Background of Legal Action:

• Judge Talwani has been active in blocking orders from the Trump administration, including halting deportations for certain immigrants under the Biden Administration and seeking to restore federal funding to Planned Parenthood.

• The recent intervention comes after Congress passed the "Big Beautiful Bill," which restricts Medicaid funds to any health care provider offering abortions.

2. Current Legal Findings:

• Talwani stated that the law in question does not provide states with clear guidelines for denying funding to entities like Planned Parenthood.

• She argued that the attempt to cut funding is likely unconstitutional under the “bill of attainder clause,” which prohibits punitive actions against specific individuals or entities without trial.

3. Financial Implications for Planned Parenthood:

• Planned Parenthood is reportedly facing a severe financial crisis and has begun shutting down facilities due to the loss of funding.

• The new law mandates that states cannot use federal funds to pay certain healthcare providers who perform abortions.

4. Contention Over Congressional Power:

• The Justice Department supports the funding ban, asserting that Congress has the authority to determine how taxpayer money is used.

• Critics, including Judge Talwani, argue that the way the law is framed lacks clarity and imposes unjust penalties on specific providers.

5. Legal Precedents and Future Outlook:

• Talwani’s previous and current rulings may be subject to appeal in higher courts, including the First Circuit and potentially the Supreme Court.

Judge Talwani's latest ruling attempts to secure funding for Planned Parenthood amidst legislative changes that aim to restrict it. The evolving legal discussions illustrate a complex interplay between judiciary authority, congressional power, and social issues like abortion rights. The potential for further legal challenges means the matter remains unresolved and contentious. 

https://jonathanturley.org/2025/12/04/boston-judge-again-intervenes-to-force-payments-to-planned-parenthood/

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