In perhaps the most stunning and controversial district court decision of the second Trump administration, Massachusetts federal judge Indira Talwani recently blocked Congress from defunding Planned Parenthood. The cut was duly passed as part of the recent reconciliation package.
On Monday, Talwani entered a temporary restraining order, essentially ordering the executive branch agencies, including Health and Human Services, to violate that law by not following through with Section 71113. At the time, she gave no reason for her decision despite one being required.
SEE: Judge Stops Congress From Defunding Planned Parenthood, Outrage and Confusion Follow
Talwani's actions appeared to make no legal sense whatsoever, a point even some on the left were honest enough to make.
Look, I hate Trump, support abortion rights, and all the rest -- but how can there be an underlying violation of law or the Constitution justifying a TRO from a duly-enacted statute cutting funding for a private entity? https://t.co/UEHCuejhMo
— Damon Linker (@DamonLinker) July 7, 2025
As I pondered at the time, how could a judge tell the executive branch to ignore a law passed by Congress without finding that law constitutionally deficient in some way?
Speaking as a layman, this seems patently insane to me. We aren't talking about an executive order where the base-level authority to take an action is being contested. This was passed by Congress and is currently the law of the land. How can a judge order the executive branch to violate a law passed by Congress without finding the law itself legally deficient in some way?
Well, after nearly a week, Talwani has returned to try to provide a reason for her TRO (click here to read the full amendment), which again was something she was legally required to do the first time around, but didn't.
Like that’s just not how either of those constitutional claims work. Especially the void for vagueness claim—that just breaks my brain
— John Hasson (@SonofHas) July 12, 2025
If you read through the decision, you'll notice the convoluted nature of it. I'd go so far as to speculate that the reason Talwani waited this long to provide the required explanation was that she didn't have one yet when she issued the TRO. Her words read as if she decided to side with Planned Parenthood immediately and then spent days plumbing the depths of the law to try to manufacture a reason, no matter how far past constitutional bounds it might be.
In short, she argues that because Section 71113 bars member organizations (abortion providers Planned Parenthood gives money to) from receiving funding, that is a violation of their freedom of association found in the First Amendment. She then tags in the Fifth Amendment, claiming that defunding Planned Parenthood violates those member organizations' right to due process in some way.
As legal analyst Margot Cleveland explains, that makes little sense because most of the member organizations are banned of their own accord from receiving Medicaid funding under the provisions of the law. Yet, Talwani entered a blanket TRO covering all of them, even those that don't appear to have standing.
5/ SO the ONLY claim the judge said Plaintiffs had a likelihood of success on was the First Amendment association one and only SOME entities have standing to make that challenge, yet Judge re-upped TRO for all Planned Parenthoods. pic.twitter.com/fmqeHzpNOM
— Margot Cleveland (@ProfMJCleveland) July 12, 2025
Further, Talwani goes on to assert that the government will not suffer harm from her order because she's ordering them to spend money they would otherwise give to another provider anyway.
6/ On bond, Court says well feds won't be harmed because they'd have to pay another provider anyway, so it doesn't matter.
— Margot Cleveland (@ProfMJCleveland) July 12, 2025
ALSO READ: This Is How It's Done: Trump Admin. Files Motion to Vacate That Wild Planned Parenthood TRO
I continue to hope this will get blown up on appeal, but Talwani is purposely dragging this out as long as possible. She set the hearing on the last day legally allowed by the TRO, giving Planned Parenthood a full 14 days to prepare. Typically, hearings are scheduled much sooner because the very basis of such an emergency motion is its supposed urgency. She'll no doubt try some other stalling tactics as this process continues.
Congress having the power of the purse is not an ambiguous part of our governmental system. This is a blatant attack on it by what is, in my view, a completely out-of-control and out-of-line district court judge. That's a shame because we need a judiciary that is trusted and seen as credible by all Americans. What Talwani is doing is doing irreparable harm on that front, and the sooner this can move on to a higher court, the better.
Editor's Note: Radical leftist judges are doing everything they can to hamstring President Trump's agenda to make America great again.
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