A federal judge on Monday issued a preliminary injunction blocking language in the GOP budget reconciliation law that made Planned Parenthood ineligible for Medicaid reimbursements for one year.
U.S. District Judge Indira Talwani had granted a preliminary injunction last week blocking the provision for only some Planned Parenthood clinics. The Department of Health and Human Services appealed that ruling to the U.S. Court of Appeals for the 1st Circuit. Planned Parenthood subsequently filed an emergency request with the district court seeking clarification on which clinics would be eligible for relief.
Talwani’s new order would apply to Planned Parenthood clinics nationwide. The move comes as some clinics have already announced plans to shutter or scale back services citing the budget law.
“Although Congress has significant latitude in allocating funds ‘from a finite pool of resources,’ Congress cannot pursue fiscal objectives ‘by discriminating against individuals or groups.’” Talwani wrote. The law’s provision “makes only one change to Medicaid programs: It excludes Planned Parenthood Members (and two other entities) from participation. But discriminatory exclusion is not a permissible means to accomplish fiscal objectives, nor is it a permissible legislative end.”
Federal funding cannot typically be used to pay for abortion services outside of rare circumstances due to an annual appropriations rider known as the Hyde amendment. The GOP budget law prohibits organizations that provide abortions, qualify as essential health providers and meet a threshold of at least $800,000 in Medicaid reimbursements in 2024 from participating in the Medicaid program for one year.
The law restricts the ability of these prohibited entities from seeking federal Medicaid reimbursement for non-abortive services such as providing contraception or STI testing and treatment.
The plaintiffs argue in the suit that excluding them from Medicaid reimbursement eligibility violates the First Amendment right of free association and that members should not be targeted for simply being a member of the Planned Parenthood Federation of America or for providing abortions with non-Medicaid funds.
“Plaintiffs are likely to establish that Congress singled them out with punitive intent. The legislative context bolsters that conclusion,” Talwani wrote, adding that plaintiffs are likely to succeed on their claim that the law’s provision singling out these providers is an “unconstitutional bill of attainder.”
“As this case continues, patients across the country can still go to their trusted Planned Parenthood provider for care using Medicaid,” Alexis McGill Johnson, CEO of Planned Parenthood Federation of America, said in a statement. “We will keep fighting this cruel law so that everyone can get birth control, STI testing and treatment, cancer screenings, and other critical health care, no matter their insurance.”
The post Judge shields all Planned Parenthood clinics from defunding appeared first on Roll Call.
