(LifeSiteNews) — An activist federal judge says Planned Parenthood may have a First Amendment right to challenge a law that deprives it of federal Medicaid dollars.
Massachusetts District Judge Indira Talwani, an Obama appointee, ruled last night that Planned Parenthood can challenge a provision in the recently passed federal budget reconciliation bill which generally prohibits abortion vendors from receiving Medicaid dollars. The judge’s ruling extends a temporary injunction she offered soon after the passage of the bill; in fact, the temporary restraining order was unbelievably fast and unrealistic according to at least one legal scholar.
Much of the ruling reads like a Planned Parenthood news release, with the decision repeating the false claim that only 4% of what the abortion vendor does is abortion. (The corporation used to claim it was 3%).
However, the ruling does not completely stop the defunding of Planned Parenthood. It only applies to Planned Parenthood affiliates who will not be killing babies as of Oct. 1, 2025 and to those who received less than $800,000 in Medicaid payments in fiscal year 2023 (which is part of the law).
RELATED: Leftist judge temporarily blocks ‘Big Beautiful Bill’ from defunding Planned Parenthood
Still, the judicial activism drew swift criticism from pro-life leaders.
Students for Life of America President Kristan Hawkins called the ruling a “judicial insurrection.”
“Today’s decision out of Boston, in which a single judge decided to put her weight on the legal scales, to reject the balance of powers laid out in the Constitution, explains why so many believe the Left is out of control,” Hawkins stated last night. “Congress has the right to pass laws, and the President the responsibility to lead. But instead, we are witnessing a judicial insurrection.”
Hawkins noted her group protested the “unbalanced activism” last Friday.
“Our message remains the same: We stand in support of President Trump and Congress as they fight for common-sense budget cuts and push back against an imperial judiciary,” she said.
In the news release, and on X, Hawkins also suggested “rogue judges” should be impeached by Congress.
A federal judge is trying to block Congress from defunding Planned Parenthood claiming it violates the Constitution.
Trump’s DOJ must appeal. Congress must impeach rogue judges who protect abortion over the will of the people.
— Kristan Hawkins (@KristanHawkins) July 22, 2025
Live Action CEO Lila Rose also said Talwani is “trying to force Americans to keep bankrolling killing children. This is blatant judicial abuse.”
“The Trump admin must appeal immediately,” Rose wrote on X.
Legal scholar Mike Davis, a former U.S. Senate counsel, criticized the ruling as well and questioned if Talwani has jurisdiction to make the ruling.
“The Court of Federal Claims—not an activist district court—is where aggrieved federal contractors must go,” Davis, the president of the Article III Project, wrote on X. “The Supreme Court must use the emergency docket to end this Democrat judicial sabotage of American voters.”
Blatantly ignoring recent Supreme Court rulings, Boston Obama Judge Indira Talwani pretends Congress doesn’t have the power of the purse anymore.
She actually ruled it’s unconstitutional for Congress to stop sending money to Planned Parenthood.
And she doesn’t even have the… https://t.co/JEqR1liuTa pic.twitter.com/98BrJ7U2PZ
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) July 22, 2025
Legal experts and commentators questioned Talwani’s judicial decision-making when she first stepped in on behalf of Planned Parenthood to save its funding.
South Texas College of Law Professor Josh Blackman questioned the speed at which Judge Talwani issued the temporary restraining order. “Lower court judges are misbehaving,” Blackman, a legal expert, wrote in his commentary.
He said Talwani “rushed” to file her restraining order and did not include a proper analysis required to issue such injunctions.
Blackman also highlighted a previous quote from Talwani in 2023 where she said she could not process filings in a day.
Legal scholar Tom Jipping with the Heritage Foundation raised similar concerns. “What you have here is Congress exercising its explicit constitutional authority to make spending decisions, and you have a district judge arguably trying to exercise power she doesn’t have to force Congress to change,” Jipping, a former U.S. Senate counsel, told Fox News.
“This was a pretty egregious judicial usurpation of legislative power,” Republican Senator Mike Lee, an attorney, also said.
National Review commentator Dan McLaughlin called the ruling “lawless and dangerous” and “a raw exercise of power.”
Planned Parenthood has previously said defunding could lead to 200 of its facilities closing.
RELATED: Planned Parenthood drops Medicaid users in Colorado after Trump signs ‘Big Beautiful Bill’
