A federal appeals court ruled Thursday in what is becoming a rarity that a federal law superseded a random judge's whim. At issue was the provision in the One Big Beautiful Bill Act of 2025 that placed a moratorium on all federal payments to Planned Parenthood of America and its affiliates, so long as it provides abortion services anywhere. This places PPA in the uncomfortable position of giving up two of its favorite activities: killing babies and siphoning federal cash.
It is what has become a commonplace act among rogue judges at the district court level; a Judge Indira Talwani of the United States District Court for the District of Massachusetts imposed a temporary restraining order on that provision. What was notable was that Judge Talwani required the Executive Branch to violate federal law without ruling on the constitutionality of the law itself.
BACKGROUND:
New: Judge Stops Congress From Defunding Planned Parenthood, Outrage and Confusion Follow – RedState
The administration appealed to the First Circuit. At first, it looked grim because the three-judge panel was composed of all Biden appointees.
Surprisingly, the panel found Judge Talwani's ruling so bizarre that even they couldn't support it.
The unanimous vote by Judges Gustavo A. Gelpí, Lara E. Montecalvo and Seth R. Aframe — all appointed by President Joseph R. Biden Jr. — will now allow federal Medicaid reimbursements for those other services to be withheld.
The judges’ two-page order offered no reasoning or indication of their views on the legal merits of the case, and federal dollars may only be withheld briefly.
But the pause nonetheless amounted to a significant financial setback for Planned Parenthood, which has relied heavily on government reimbursements for medical services. In past years, more than 40 percent of its revenue has come from government reimbursements and grants disbursed by the Department of Health and Human Services.
🤣🤣🤣District Court judge was soooo wrong even 3 Biden-appointed appellate judges stayed the opinion! https://t.co/g0KW8Bv24z pic.twitter.com/ykc2xvWmXB
— Margot Cleveland (@ProfMJCleveland) September 11, 2025
My assessment is that the " two-page order offered no reasoning or indication of their views on the legal merits of the case" was a polite way not to say "you/ve got to be sh***ing me!"
Naturally, the infanticide business was not happy. Planned Parenthood Federation of America President and CEO Alexis McGill Johnson said in a statement.
"Patients who rely on the essential health care that Planned Parenthood health centers provide, can't plan for their futures, decide where they go for care, or control their lives, bodies, and futures — all because the Trump administration and its backers want to attack Planned Parenthood and shut down health centers.
As Planned Parenthood doesn't provide any service, other than abortion, that isn't readily available elsewhere, none of this statement is true.
With a little bit of luck, this will be a major blow to the abortion industry. Without government dollars to fund both PPA's abortion business and lobbying arm, it will be reduced to insignificance. If it does pull back from the abortion business, it offers nothing that can't be found elsewhere. Because the other services it provides are merely loss-leaders that pull young women into its abortion services, it is hard to see how it survives in its current form.
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