By Sarah Neely
Boston, MA — On Thursday, the First U.S. Circuit Court of Appeals stayed a July injunction from Judge Indira Talwani of the U.S. District Court for the District of Massachusetts that was keeping Medicaid funds flowing to Planned Parenthood despite being legally defunded by Congress earlier in the year.
In a 3-0 decision, the appeals court stated, “Notwithstanding the contrary conclusion reached by the district court after its careful consideration of the matter, we conclude that defendants have met their burden to show their entitlement to a stay of the preliminary injunctions pending the disposition of their appeals of the same.”
Judge Talwani argued in her injunction that Planned Parenthood was being subjected to a “bill of attainder” – an act of a legislature which declares a person, or group of people, guilty of a crime and usually without a trial. In short, she argued that Planned Parenthood was being singled out and unjustly punished. Talwani also argued that Congress was “retaliating against [Planned Parenthood] in violation of the First Amendment, and…denying them equal protection of the law.”
In its motion to stay this injunction, the Department of Health and Human Services addressed the “bill of attainder,” stating, “Rarely if ever has an Act of Congress been enjoined on such flimsy grounds. The district court deemed the Medicaid funding restriction a bill of attainder. But the Supreme Court has only invalidated laws under the Bill of Attainder Clause five times in its history—on each occasion in cases involving extraordinary laws punishing groups such as Confederates and Communist Party members.”
HHS also pointed out that Talwani’s injunction “intrude[s] on both Congress’s Article I authority over federal spending and the Executive’s Article II authority to enforce the law.”
Clearly the federal appeals court agreed with this assessment and saw it fit to stay the injunction. Planned Parenthood, yet again, is defunded.
Troy Newman, President of Operation Rescue, comments, “We are thankful that Judge Talwani’s shallow attempt to protect an organization that cares nothing for the American people, kills babies, and has defrauded Medicaid was uncovered and undone. Planned Parenthood is quickly running out of friends in high and dark places, and we praise God for it. Over 40 Planned Parenthoods have already closed – we expect that number to grow over the coming weeks, and we’ll celebrate every one. Planned Parenthood never deserved one American dollar of taxpayer funds, and when abortion clinics close, babies are saved.”
This report may be republished with inclusion of the following acknowledgement: “This article was originally published by Operation Rescue, a leading pro-life, Christian activist organization dedicated to exposing abortion abuses, demanding enforcement, saving innocent lives, and building an abortion-free America. The author, Sarah Neely, is Chief Operating Officer for Operation Rescue.”
