Just days after the Supreme Court again made it clear that the separation of powers is sacrosanct, Indira Talwani, an Obama appointed federal judge in Massachusetts, has taken the unprecedented step of ordering the government to fund Planned Parenthood, purporting to enjoin implementation of a portion of the Big Beautiful Bill (BBB) passed by Congress.
The BBB imposed a one-year ban on state Medicaid payments to health care nonprofits that offer abortions and also received more than $800,000 in federal funding in 2023. Three days after the president signed the BBB into law, Planned Parenthood sought a temporary restraining order (TRO). Without hearing from the government, complying with federal rules, or even providing an explanation, within hours after the filing, Talwani issued a TRO for at least 14 days that requires the government to spend money Congress declined to appropriate.
Four days later, the administration asked Talwani to dissolve the TRO because of its obvious infirmities. Instead, she doubled down, issuing an amended TRO that satisfied the technical requirements she had previously ignored.
I work with Planned Parenthood’s very capable lead lawyers. Without the facts or the law on their side, they did the right thing. They found a far-left federal judge who has repeatedly ruled against the Trump administration and is willing to create a constitutional crisis to advance a political cause.
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