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Tipsheet

Federal Judge Blocks a Major Provision in Trump's 'Big Beautiful Bill'

Federal Judge Blocks a Major Provision in Trump's 'Big Beautiful Bill'
AP Photo/Jeff Roberson

A federal judge has halted enforcement of a provision in the 2025 Reconciliation Act that would cut Medicaid funding to Planned Parenthood.

The provision would have prohibited Medicaid reimbursements to any abortion provider affiliated with the organization that performs elective abortions and receives over $800,000 in funding.

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US District Judge Indira Talwani ruled that this measure violates multiple constitutional protections — especially for Planned Parenthood affiliates that do not provide abortions. She argued that the provision “burdens the exercise of Planned Parenthood Federation and its Members First Amendment rights of association and is thus subject to strict scrutiny review.”

Her argument was that the government does not possess the authority to compel organizations to disaffiliate from Planned Parenthood by using the threat of withholding federal funds — especially when the affiliation is expressive and based on shared values and advocacy.

Talwani referred to the longstanding political effort to defund the organization based on its advocacy rather than its abortion services. She pointed to the provision, which says the measure is “designed to ensure nearly all of the entitites covered are Planned Parenthood Members.”

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She also brought up comments made by Rep. Kevin Brady (R-TX), who declared: “I am proud to defund Planned Parenthood once and for all.”

The judge further argued that the provision did not target the organization for unlawful activity but for its political perspectives. 

Talwani stated that her injunction does not compel the government to fund abortions or any other non-covered services under Medicaid. “This order grants preliminary relief that prevents Defendants from targeting a specific group of entities…where Plaintiffs have established a substantial likelihood that such targeted exclusion violates the United States Constitution.”

The judge insisted that “Patients are likely to suffer adverse health consequences where care is disrupted or unavailable.” These “consequences” include “an increase in unintended pregnanies and attendant complications.”

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Earlier this month, Talwani issued a temporary injunction on the enforcement of the measure.

It’s interesting that the judge accuses Republicans of trying to defund Planned Parenthood for political reasons when there is no Constitutional mandate that the government must fund any abortion provider. It’s clear that she is trying to protect abortions nationwide and wants to force the government to continue supporting it.

However, this is not the end of the battle. The injunction is in place as the matter is litigated in court. It won’t be surprising to see this fight end up at the Supreme Court.

Editor’s Note: The Democrat Party has never been less popular as voters reject its globalist agenda.

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