I wrote here about one of the most outrageous orders yet issued by a Democratic Party judge. The case was brought by Planned Parenthood; it objects to the fact that it was defunded, more or less, by act of Congress–specifically, the Big Beautiful Bill. The judge selected by Planned Parenthood was Indira Talwani of Boston. She issued a temporary restraining order against implementation of the law without even hearing from the government in opposition.
Today Judge Talwani converted her TRO into a preliminary injunction, evidently following a hearing. The Associated Press covered Talwani’s order dishonestly. The AP headlined: “Judge blocks Trump administration’s efforts to defund Planned Parenthood.” But it wasn’t the “Trump administration’s efforts” that were at issue, it was a federal law, duly enacted by Congress. The AP tries to obscure the fact that a left-wing judge has gone to war, not against President Trump, but against Congress.
The AP begins:
A federal judge on Monday ruled Planned Parenthood clinics nationwide must continue to be reimbursed for Medicaid funding as the nation’s largest abortion provider fights President Donald Trump’s administration over efforts to defund the organization in his signature tax legislation.
The AP focuses its ire on President Trump, no doubt because it wants to downplay the fact that a single liberal judge has tried to nullify a federal law. On what basis?
“Patients are likely to suffer adverse health consequences where care is disrupted or unavailable,” Talwani wrote in her Monday order. “In particular, restricting Members’ ability to provide healthcare services threatens an increase in unintended pregnancies and attendant complications because of reduced access to effective contraceptives, and an increase in undiagnosed and untreated STIs.”
Interesting, perhaps, but irrelevant. Congress passes laws that adversely affect people all the time, for example when it raises taxes. So what? That is not a legal argument.
The New York Times tried a little harder to explain Talwani’s rogue order:
She found that the policy retaliated against Planned Parenthood in violation of its First Amendment rights and could amount to an unconstitutional “legislative punishment.”
This is the absurd “bill of attainder” claim that is Planned Parenthood’s lead legal theory. As I wrote here it is one of the dumbest arguments I have ever seen advanced in court.
What about the First Amendment?
She noted the expansive role that Planned Parenthood’s umbrella organization plays in political organizing, saying that the provision could also threaten “expressive” activity including advocating before Congress, supporting candidates and communicating with voters.
So if you lobby for left-wing politicians and support left-wing positions, the government is required to fund you forever. Right.
And finally:
In a broader sense, Judge Talwani also found that the law created unreasonable pressure on individual clinics — including some that may not offer abortion services — simply because of their association with the larger Planned Parenthood network.
The provision of the bill, she wrote, “requires each member to disaffiliate with Planned Parenthood Federation and stop providing abortion to continue participating in Medicaid programs.” Imposing the choice on the federation’s members, she added, “kneecaps the entire organization.”
Huh. What part of “defund Planned Parenthood” do they not understand?
Judge Talwani’s order is more a left-wing cri de cœur than a legal document. It will be reversed on appeal, like so many other politically-motivated orders. But Talwani will be celebrated in faculty lounges and left-wing cocktail parties.
