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Federal judge issues new order protecting all Planned Parenthood clinics from Medicaid ‘defunding’

Earlier this month, Washington Gov. Bob Ferguson said the state would provide $11 million in funding if Planned Parenthood loses its lawsuit and federal support. There are 30 clinics in the state that serve 10,000 patients every year. (Photo by Jake Goldstein-Street/Washington State Standard)

Earlier this month, Washington Gov. Bob Ferguson said the state would provide $11 million in funding if Planned Parenthood loses its lawsuit and federal support. There are 30 clinics in the state that serve 10,000 patients every year. (Photo by Jake Goldstein-Street/Washington State Standard)

Planned Parenthood affiliates nationwide are once again protected from a “defunding” provision passed by Congress after a federal judge in Massachusetts granted an emergency request for a new preliminary injunction.

The order from U.S. District Judge Indira Talwani, appointed by former Democratic President Barack Obama, comes one week after an initial injunction blocked only certain clinics from receiving Medicaid funds under the new law. One of the affiliates that filed the lawsuit, Planned Parenthood Association of Utah, along with affiliates that did not provide abortion services or that did not bill Medicaid more than $800,000 in fiscal year 2023 were protected, which covered a fraction of the 600 clinics nationwide.

In the weeks since President Donald Trump signed massive budget reconciliation bill H.R. 1 on July 4, the mere threat of cuts has caused clinics to close or restrict services in several states. Two clinics shut their doors in rural areas of Ohio, two closed in the Houston area of Texas, and five closed in California, according to news reports. In California alone, the Medicaid cuts would create a loss of $300 million in funding for the state’s 114 clinics that serve more than 1 million patients per year, according to CalMatters

In Washington state, where abortion access is legal and available until fetal viability, Gov. Bob Ferguson announced on July 9 that the state would provide the $11 million in federal funding lost if the lawsuit is unsuccessful. There are 30 Planned Parenthood clinics in Washington that serve 100,000 patients every year, and Medicaid covers about half of them, Washington State Standard reported.

The national group, Planned Parenthood Federation of America, said the initial decision was disappointing and asked the court to reconsider, which Talwani granted Monday.

Attorneys for the Trump administration appealed the initial injunction on July 23, and told the court they opposed the emergency request for a new injunction.

Planned Parenthood Federation of America and affiliates in Massachusetts and Utah sued just a few days after Congress passed the bill that included the provision the organization said directly targeted their services for Medicaid funding cuts  — a longstanding goal of anti-abortion advocates and many Republican elected officials. Federal Medicaid dollars cannot be used for abortion services except in cases of rape, incest, or certain health conditions.

The clinics rely heavily on Medicaid funding to provide standard reproductive health care at little to no cost, including treatment for sexually transmitted infections, cancer screenings and contraception. Planned Parenthood provides services for about 2 million patients every year, and 64% of clinics are in rural areas or places with health care provider shortages.

In the order, Talwani said the law — part of a sweeping package of tax and spending cuts approved by a party-line vote — unfairly targets Planned Parenthood for punishment without a trial, and violates free speech constitutional rights by preventing the organization from advocating for reproductive health care.

Attorneys for the U.S. Department of Justice have argued Congress was free to target those clinics because “larger providers carry out more abortions and receive more government subsidies,” and said the law is meant to “stop federal subsidies for Big Abortion.” Talwani said those arguments were not persuasive, and that it is unlikely they can justify the defunding as part of a goal to reduce abortion.

“… it is unclear how including only entities that are non-profits and provide medical services in underserved communities is in any way related to reducing abortion. Nor is it clear how withholding Medicaid reimbursements from Planned Parenthood Members who do not provide abortion furthers that end,” Talwani wrote.

Dominique Lee, president and CEO of Planned Parenthood League of Massachusetts, called the ruling a “powerful reminder that patients, not politics, should guide health care.”

Lee said in a statement: “In Massachusetts and beyond, we will keep fighting to ensure everyone can turn to the provider they trust, no matter their insurance or zip code.”

Editor’s note: This story was updated July 31, 2025 to correct the number of patients served annually by Planned Parenthood clinics in Washington state.

Planned Parenthood sues Trump administration officials over ‘defunding’ provision in budget bill

Planned Parenthood has about 600 clinics in 48 states, and according to their calculations, more than 1.1 million patients could lose access to care because of a provision in the massive budget bill signed by President Donald Trump last week. (Photo by McKenzie Romero/Utah News Dispatch)

Planned Parenthood has about 600 clinics in 48 states, and according to their calculations, more than 1.1 million patients could lose access to care because of a provision in the massive budget bill signed by President Donald Trump last week. (Photo by McKenzie Romero/Utah News Dispatch)

Days after President Donald Trump signed a massive budget bill, attorneys for Planned Parenthood Federation of America and its state members in Massachusetts and Utah filed a lawsuit Monday challenging a provision they say will affect more than 1 million patients who use their clinics across the U.S.

Planned Parenthood says if the defund provision stands, those targeted will be patients who use Medicaid as their insurance at its centers for services including birth control and cancer screenings. The organization says it only uses federal Medicaid funding for abortion in the very narrow cases allowed, including rape, incest, and to save a pregnant person’s life.

The complaint, filed in U.S. District Court of Massachusetts against U.S. Health and Human Services Secretary Robert F. Kennedy Jr. and Medicaid and Medicare administrator Dr. Mehmet Oz, challenges a provision on page 597 of the reconciliation bill. It prohibits Medicaid funding from going to any sexual and reproductive health clinics that provide abortions and received more than $800,000 in federal and state Medicaid funding in fiscal year 2023. That prohibition will last one year from the date the bill was signed.

While there may be a few independent clinics with operating budgets that high, it effectively singles out Planned Parenthood clinics. The entire organization has about 600 clinics in 48 states, and according to their calculations, more than 1.1 million patients could lose access to care because of the change in the law.

“This case is about making sure that patients who use Medicaid as their insurance to get birth control, cancer screenings, and STI testing and treatment can continue to do so at their local Planned Parenthood health center, and we will make that clear in court,” said Planned Parenthood Federation of America president and CEO Alexis McGill Johnson in a public statement.

The organization identified 200 of its clinics in 24 states that are at risk of closure with the cuts, and said nearly all of those clinics — 90% — are in states where abortion is legal. In 12 states, approximately 75% of abortion-providing Planned Parenthood health centers could close. Because of that, some reproductive health advocates have called it a backdoor nationwide abortion ban.

The nonprofit also warned that eliminating Planned Parenthood centers from the Medicaid program would likely also impact patients who use other forms of insurance, if centers are forced to cut their services or close. 

Planned Parenthood argued this section of the bill is unconstitutional because it specifies and punishes them, saying it violates equal protection laws and qualifies as retaliation against free speech rights. 

“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 complaint says. “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 health care, including abortion.”

The complaint also details numerous instances when Trump said he was committed to defunding Planned Parenthood in 2016 and 2017, during his first presidential term, and it highlighted the provisions of Project 2025 that called for the defunding of Planned Parenthood. Project 2025 is the blueprint document drafted by the conservative Heritage Foundation, and the administration has followed many of its directives so far.

According to the lawsuit, Planned Parenthood members have “structural independence,” meaning no member “has control over the operations or decision-making processes of another.” It’s argued in the complaint that 10 members, including plaintiff Planned Parenthood Association of Utah, don’t meet the definition of prohibited entity under the new law, because they do not provide abortion services or did not receive over $800,000 in Medicaid funds during fiscal year 2023. They say these members are not “affiliates, subsidiaries, successors, or clinics” of any prohibited entity because they are separately incorporated and independently governed.

“But these Non-Qualifying Members can take no comfort in the plain text of the statute,” reads the lawsuit. “Defendants will willfully misinterpret the statute to disqualify them from receiving federal Medicaid funding, based solely on their association with PPFA and other Planned Parenthood Members.”

“As the Trump administration guts our public health care system, we know millions will suffer and struggle to get care. We will not tolerate these attacks,” said Shireen Ghorbani, interim president of Planned Parenthood Association of Utah, in a statement. “For over 55 years, we have proudly cared for generations of Utahns, and we will always find ways to meet the health care needs of our communities. Here in Utah, we are used to politicians trying to strip away our rights for political gain. We haven’t backed down before, and we won’t now.”

Defunding will harm general wellness, not abortion care, Arizona clinic owner says

Planned Parenthood also noted in its complaint that the harms could be especially devastating because “even where alternative providers are theoretically available, those providers, who are already stretched to capacity, often do not offer the same comprehensive sexual and reproductive health service options, have long wait times for patients, and cannot accommodate the huge influx of patients who would need to find a new provider of care.”

Some clinics that operate independently of Planned Parenthood will be affected by the law as well. George Hill, president and CEO of Maine Family Planning, said they receive nearly $2 million from Medicaid funds (MaineCare) on a yearly basis, and about half of their patients are enrolled in some form of Medicaid. Hill said they plan to sue as well, but the timing is uncertain at this point. Abortion care makes up about 15% of their overall services, while the rest is routine gynecological and preventative health care, he said.

In the meantime, Hill plans to solicit as much support as possible from individual donors to keep the doors to their 19 clinics open and serving Medicaid patients.

“Whether or how long we’ll be able to do that is another question,” Hill said.

In Arizona, Dr. DeShawn Taylor operates the independent clinic Desert Star Institute for Family Planning. About 75% of the services at Desert Star are abortion related, and while Medicaid (AHCCCS in Arizona) dollars can’t be used for the procedure, Taylor said they could often at least get the initial consultation appointment covered by Medicaid.

The cuts that are coming, Taylor said, will not stop people from obtaining an abortion somehow. But there will be other downstream effects.

“People are already economically depressed,” she said. “What we’re going to see is people are still going to do what’s necessary to get (abortion) care, but what’s going to fall off is their ability to get their preventative care, their contraception, their wellness exams, those types of things.”

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