09/24/2025 | Press release | Distributed by Public on 09/25/2025 08:08
As part of a coalition of 22 attorneys general and the state of Pennsylvania, Attorney General Charity Clarktoday filed a motion for a preliminary injunction to block the Trump Administration from enforcing the "Defund Provision" within the recently enacted federal budget bill ("Big Beautiful Bill"). The Defund Provision excludes certain health centers, including Planned Parenthood health centers, from receiving federal Medicaid reimbursements. Among other things, these centers provide essential healthcare services to low-income patients, such as cancer screenings, testing and treatment of sexually transmitted infections (STIs), and birth control. After filing suit over the Defund Provision on July 29, 2025, the coalition is now asking the U.S. District Court for the District of Massachusetts to grant its motion for a preliminary injunction because the States are likely to succeed on the merits, the Defund Provision would result in irreparable harm to the States if allowed to stay in effect, and the balance of equities and the public interest favor the States. In a related lawsuit, Planned Parenthood Federation of America, Inc. v. Kennedy, the U.S. Court of Appeals for the First Circuit issued an unpublished order on September 11, 2025 granting the Trump Administration's request to allow the Defund Provision to go into effect.
The coalition's lawsuit alleges that the Defund Provision violates the U.S. Constitution's Spending Clause due to the lack of clear notice and the inclusion of unconstitutional provisions. Specifically, it is evident that Planned Parenthood health centers are the clear target of the Defund Provision, but Congress failed to adequately define (1) the full scope of providers that qualify as "prohibited entities" and (2) the timing of the prohibition on federal reimbursements to such entities. Moreover, the Defund Provision constitutes a change that the States could not have anticipated when joining Medicaid. Throughout the sixty-year history of Medicaid, States - not the federal government - have determined whether providers "qualify" for the Medicaid program.
In its motion for a preliminary injunction, the coalition underscores that:
In filing the motion for a preliminary injunction, Attorney General Clarkjoins the attorneys general of California, Connecticut, New York, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Washington, Wisconsin, and the District of Columbia, as well as the state of Pennsylvania.
A copy of the motion for a preliminary injunction can be found here.In support of its motion for a preliminary injunction, the coalition also submitted a declaration from Megan L. Kavanaugh, Principal Research Scientist at the Guttmacher Institute. That declaration can be found here.
CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171