A coalition of Democrat-led states filed a lawsuit against the Trump administration this week over the “Big, Beautiful Bill’s” provision defunding abortion giant Planned Parenthood.
The lawsuit was brought by 22 attorneys general and Pennsylvania Gov. Josh Shapiro (D), whose state has a Republican attorney general. California Attorney General Rob Bonta claimed in a press conference on Tuesday that the provision is “punishment for Planned Parenthood’s constitutionally protected advocacy for abortion.”
“The hypocrisy is really hard to ignore: a party that claims to be defenders of free speech only seem to care about it when it aligns with their own agenda,” he said.
Democrats filed their lawsuit in the same Massachusetts district court that Planned Parenthood filed a separate lawsuit in. An Obama-appointed judge in that lawsuit issued a preliminary injunction last week against the provision, effectively mandating Medicaid funding for the organization’s affiliates as litigation continues.
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Democrats similarly argue in their filing that the provision violates the First Amendment and specifically targets Planned Parenthood out of all abortion organizations. The provision blocks Medicaid funding for abortion organizations, except for affiliates/clinics that do not perform abortions due to state law or those that received less than $800,000 in Medicaid reimbursements in 2023.
While the provision does not explicitly name Planned Parenthood, the organization is one of the only abortion providers that falls under the restrictions outlined in the bill. However, at least one organization in Maine has filed a separate lawsuit.
Planned Parenthood has argued that cutting off Medicaid funding to its affiliates would have “devastating effects” on the organization and claimed that nearly 200 of its clinics are “at risk of closure” because of the defunding measure.
Defunding abortion providers through the reconciliation process allowed the Senate to bypass the critical 60-vote threshold for a simple majority vote, instead capitalizing on Republicans’ overall trifecta. While federal funding for abortions is barred by the Hyde Amendment — except in cases of rape, incest, or life of the mother — pro-life advocates argue no federal funds should be used to prop up any organization that performs abortions.
The Department of Health and Human Services (HHS) previously argued in its opposition to Planned Parenthood’s lawsuit that the abortion organization “has no right to taxpayer money” and the “court should not invent such a right.”
“The Court should uphold Congress’s lawful exercise of its authority to decide to whom it will entrust taxpayers’ hard-earned dollars,” the filing reads.
Planned Parenthood’s most recent annual report revealed record abortions and taxpayer funding in 2023-2024.
The report, called “A Force For Hope,” states that 402,230 unborn babies were killed in abortions, up from 392,715 the previous year. At the same time, the organization received $792.2 million in taxpayer funding, up almost $100 million from the previous year.
The case is California v. HHS, No. 1:25-cv-12118 in the U.S. District Court for the District of Massachusetts.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
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