Planned Parenthood is Defunded Because it Won’t Stop Killing Babies

Yet again, a higher court has rebuked—again unanimously—the attempt of Judge Indira Talwani of the Federal District Court for the District of Massachusetts to scuttle a provision of the “One Big Beautiful Bill Act” that bars organizations that provide elective abortion from federal Medicaid funding for one year if they received more than $800,000 in federal funding in 2023.

On Friday, a three-judge panel of 1st U.S. Circuit Court of Appeals, comprised of appointees of President Joseph R. Biden, voted unanimously to throw out a July ruling by Judge Talwani which held that it amounted to a “bill of attainder” whose intend was to punish Planned Parenthood for providing abortions.

[“A bill of attainder is a legislative act prohibited by the Constitution that seeks to inflict punishment on a person or group without a trial,” according to Nate Raymond of Reuters.]

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According to Zach Montague

In an opinion explaining Friday’s ruling, Judge Gustavo A. Gelpí wrote that lawmakers have broad discretion to restrict federal spending, and that the changes affecting the fate of Medicaid funds did not amount to illegal punishment. …

“Instead, it establishes new conditions on the receipt of appropriated funds in service of a new policy goal favored by Congress. And it does so by imposing conditions that Appellees can satisfy by halting abortion services.”

Near the end of the 41-page opinion, Judge Gelpí added

There are plausible reasons for treating “prohibited entit[ies]” differently from other abortion providers, particularly where Congress viewed these entities as the most significant recipients of Medicaid funds. Preventing these entities from receiving funds if they continue providing abortion services furthers Congress’s interest in reducing abortions.

Judge Talwani has been busy, trying to find some legal justification for overturning the bill signed on July 4 by President Trump, always unsuccessfully.

In July, in a parallel suit, Judge Talwani issued a preliminary injunction at the request of 22 Democratic-led states. That, too, was slapped down on December 8 by a separate three judge panel, comprised of Biden and Obama appointees.

Through all of the legal gymnastics, Medicaid funding has been frozen.

LifeNews.com Note: Dave Andrusko is the editor of National Right to Life News and an author and editor of several books on abortion topics. He writes Today’s News and Views — an online opinion column on pro-life issues.

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