A federal appeals court ruled the Trump administration can withhold taxpayer dollars from Big Abortion organizations – most notably Planned Parenthood.
On Tuesday, December 30, the 1st U.S. Circuit Court of Appeals lifted a preliminary injunction that had blocked the Trump administration from implementing Section 71113 of the One Big Beautiful Bill Act (OBBBA).
The law, which President Donald J. Trump signed on July 4, 2025, prohibits federal Medicaid dollars from going to any non-profit organization that is “primarily engaged in family planning services,” performs abortions and received over $800,000 in Medicaid funding in 2023.
The court’s unanimous decision reverses the preliminary injunction issued by U.S. District Judge Indira Talwani, who had sided with 23 Blue states in their lawsuit seeking to prevent Section 71113’s enforcement.
The 1st Circuit previously issued an administrative stay of the judge’s decision on Dec. 8; the new ruling grants the Trump administration’s request for a stay pending appeal.
Judge Talwani claimed the OBBBA’s defund provision violated the U.S. Constitution’s spending clause by “fail[ing] to provide clear notice to States that participate in the joint Federal / State Medicaid program.”
“The [Trump administration] argue[s] that Section 71113 does not exceed Congress’s power under the Spending Clause,” the appeals court summarized, “because Section 71113 defines prohibited entities with sufficient clarity, operates only prospectively, and is of a piece with routine adjustments to the terms on which Medicaid funding is made available to states.”
The appeals court agreed with the administration’s reasoning.
Chief Judge David Barron, a nominee of former President Barack Obama; and Judges Gustavo Gelpí and Lara Montecalvo, both nominees of former President Joe Biden, joined the court’s opinion.
The decision is a crucial win in the fight for life and the rule of law. It allows the Trump administration to enforce a law duly enacted by Congress, and signed by the president, depriving Big Abortion providers of roughly $850 million in taxpayer dollars.
“This ruling is an important reminder that the federal government has both the authority and the responsibility to ensure taxpayer dollars are not used to subsidize elective abortion,” Carol Tobias, president of National Right to Life, said in a statement.
“The First Circuit correctly recognized that HHS is likely to prevail on the merits. Americans overwhelmingly oppose being forced to fund abortion, and this decision helps restore accountability and respect for long-standing federal law.”
In a separate but related lawsuit, the 1st Circuit also sided against Planned Parenthood in a unanimous ruling on Dec. 16 upholding the constitutionality of Section 71113.
As the provision expires later this year, Congress should extend Section 71113 in an upcoming bill. No taxpayer dollars should ever subsidize an industry that profits off killing hundreds of thousands of preborn children every year.
We hope and pray the Trump administration and congressional Republicans will have the courage and conviction to defund Big Abortion organizations for at least one more year.
Daily Citizen is a news division of Focus on the Family that provides a faith-based perspective to counter the mainstream media’s anti-Christian bias.
