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Judge: Planned parental clinics may remain Medicaid suppliers while the claim is continued

Thanks to the novel law limiting Medicaid funds to some clinics, planned parenting estimates 200 of its clinics in 24 states are threatened with cuts, and almost all these clinics – 90% – are in states where abortion is legal. (Photo of Kayla Bartkowski/Getty Images)

Federal judge He ruled Friday Against the efforts of Trump’s administration to obtain MEDICID funds before primarily providers of abortion related to planned parenting.

The District Judge at Massachusetts Indira Talwani refused to request the Federal Government to raise a block of novel law, rejecting the US Department of Justice’s argument that enabling the planned parenting to continue the account of Medicaid, while their claim would cause “irreversible damage.” She said that the plaintiffs were more likely to be injured if the provision enters into force, for example, the need to close clinics and limit services.

“Here, the accused do not suffer irreversible damage when the plaintiffs can generally determine that section 71113 violates several constitutional provisions,” he wrote in order, refusing to request the Federal Government about the remaining two preliminary orders. “[I]This is precisely because the congress was directed only to the “certain” group of entities to exclude from Medicaid programs – all of which except two are members of the planned parents’ federation – that the plaintiffs can determine that section 71113 is unconstitutional. “

At the end of last month, the couplings ordered partial Then Full preliminary order After Planned parenting Federation of America and its associate entities from Massachusetts and Utah At the beginning of July due to the novel federal limitation of reproductive health. After unsuccessfully asking the District Court to raise the block, the federal government He appealed against preliminary orders to the American Court of Appeal for the first circuit. Soon after submitted an application Asking the District Court to consider preliminary orders again. Last week The Court of Appeal rejected The government’s request, waiting for the District Court’s decision. It is now expected that the accused are again preventing the order of the first circuit.

The provision, which expired on July 4, 2026, would primarily affect the health clinics associated with Planned Parenthood, which estimated that it may lose 200 out of 600 clinics, many of which are in rural and other areas that are critical access points for abortion.

But two other affected organizations are health imperatives in Massachusetts, which According to WBurHe runs seven clinics and serves about 10,000 patients and planning the Maine family, which also sued the recipe. On Monday, the American District Judge Lance Walker in Maine, denominator of President Donald Trump, refused to plan the planning of the Maine family for a preliminary orderDespite the organization that is in the face of losses to almost $ 2 million, potential exemptions and disruptions of care for about 8,000 patients.

“This decision is a destructive failure for Mainers who depend on us in the field of primary primary care,” said George Hill, president and general director of the Maine family planning, according to Morning Star Maine. “Loss of medicaid funds for which almost half of our patients relieved of our ability to provide life-saving services to communities throughout the state. Mainers’ health should never be threatened with political decisions, and we will fight for them.”

Is the novel federal Medicaid rule illegally heading for planned parenting?

Federal financing of abortion is already prohibited in most cases under Hyde correction. But novel funding principle It would prohibit the Medicaid reproductive health clinics, which provide abortions and have received over USD 800,000 in the federal and state -owned MEDICID in 2023 tax year for health services, such as birth control, cancer and gender care.

Legislation caused confusion in the entire planned parenting network because it is Definition of “prohibited unit” It includes “Associated entities, subsidiaries, successors and clinics.”

Non-Profit Health Network includes the National Organization of Membership and Spokesman, PPFA and almost 50 independently structured and supported associate entities, some of which do not offer abortion, for example, co-founder Planned Parentrance Association of Utah. These organizations are returned after the fact for specific health services covered by Medicaid.

Although the recipe is currently blocked, several clinics of planned parenting throughout the country have already been closed Federal subsidies for family planning.

Many recently closed clinics did not provide abortion, as in OhioAnd some are in the states where abortion is illegal, as in Louisiana.

Lawyers of planned parenting argued that the novel federal principle Medicaid violates their equal protection, speech and rights of the Association, because it excludes their clinics from the Medicaid program based on their association with other organizations – in this case organizations that provide abortions and are in favor of rights to abortion.

“[S]Ince, the Tribunal has issued its decision, the government has now admitted that section 71113 (“Defund Recipe”) was aimed at punishing planned parenting for “political support” – the plaintiff wrote in the last compact time opposite movement of the accused To raise the order.

The plaintiffs referred to the last public statement made by Andrew G. Nixon, the spokesman for the co -accurate US Department of Health and Social Welfare.

“States should not be forced to finance organizations that have chosen political support in the patient’s care” Nixon saidAfter the initial preliminary order of the District Court July 22.

But in court the federal government argued that the law of taxes and expenses excludes gigantic abortion suppliers only because they provide abortions. They say that they also exclude smaller or non-abortion associate entities, not because of their speech or spokesman, but because of “non-expressive measures of corporate control and financing.” Their basic argument is that the money for each clinic of planned parenting – even for health services not related to abortion – is money for abortion.

“[B]ECAUSE money is fungic, extension of the restriction of financing to associated entities prevents the organization of undermining federal policy without subsidizing abortion suppliers by postponing funds between entities that do not perform abortion and entities that do it ” The accused wrote.

Dojal also rejected the claim that federal legislation is Achievement cardwho refers to the provisions that unconstitutionally impose a penalty on a specific person or a group of people without a lawsuit.

“Stopping the flow of federal Medicaid funds to these entities does not resemble a forms of punishment that implies the reached clause,” we read in the movement of the Dojust. “Historically, bills from the achievement included penalties such as” death “,” exile “and” prison “.

But the vouchers do not agree with the reasoning of the state.

“[T]There are no tips here that members of the planned parenting share revenues from the return of Medicaid, “she wrote.” The result is a limitation of freedom of association, which is in no way “necessary for further development. [Defendants’] The percentage of “suspension of funds from some abortion providers … and instead imposes a completely unjustified burden.”

Although the novel federal act on taxes and expenses does not mention the planned parenting by name, the Act introduced this year with a similar language is clearly titled “”Defund Planned Parenthood Act from 2025.. “Meanwhile, several state legislators have successfully deprived of funds from the organization. sued again Discover Medicaid eligibility.

“You have to live in a cave to find out that it’s not about planned parenting,” said Mary Ziegler, an abortion law expert. “The reason why planned parenting is the goal is that it is two. It is both the largest abortion supplier in the country and the best supporter of the nation in the field of abortion.

Anti -abortion activists and conservative commentators accused the vouchers, appointed Obama, of judicial activism.

“Now the abortion industry is blocking the blockage WillDowered by Congress, “Marjorie Dannenfelser, President Susan B. Anthony Pro-Life America, in recent Op-ed For National Review. “They argue that they are constitutionally entitled to our tax dollars forever and are I found one judge an activist The desire to go down and impose this view on the whole nation – for now. “

Ziegler said that the account of the argument is rarely used, but in this case it is likely.

“Overall, with a list of achievements, you must show that there is no other type of important legislative goal and that he is selectively headed for the person who sucks,” she said. “In this case, it seems quite clear that there is some targeting of planned parenting. … But I think there is no other purpose, it is not more complicated.”

Ziegler said that the case would probably be complex to win if it reaches most conservative Supreme Court. But if the order continues, planned parenting can end the clock for an annual Medicaid limitation. He believes that it may seem too politically risky to renew this provision just before the election in the middle of the period in 2026 to a more moderate Republicans in the Chamber, such as Rep. he said In May “from the point of view of providing health care for women, you know, I’m not for taking health care for people.”

“They will or say:” All our boasting Defunding Planned parenting was not true, because the planned parenting will be financed again, “or they will have to make the financing ban, which may have consequences that people like Lawler were afraid of.”

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