On Wednesday, a federal appellate court deliberated over a contentious case concerning whether Congress can strip Medicaid funding from Planned Parenthood and its affiliates. The hearing before the US Court of Appeals for the First Circuit focused on the “Defund Provision” of the “One Big Beautiful Bill Act,” a measure from the Trump era that specifically targets Planned Parenthood-affiliated organizations. The plaintiffs argue that this provision infringes on the First and Fifth Amendments, violating both the Bill of Attainder and Equal Protection clauses of the Constitution.
Attorney Alan Schoenfeld, representing Planned Parenthood, presented arguments asserting that the provision unlawfully targets affiliated organizations, necessitating heightened judicial scrutiny due to its impact on the organization’s First Amendment rights. By focusing on Planned Parenthood affiliates, Schoenfeld contends that the law compels disassociation among its members, thus curbing their associational expression. The argument hinges on the principle that laws infringing on fundamental rights must withstand strict scrutiny, and the government must provide a substantive rationale under any standard of review.
The panel of judges quickly homed in on this scrutiny argument. Justice Department attorney Eric McArthur faced questioning about the law’s inclusivity. Concerns were raised regarding the provision’s potential overreach, suggesting it might defund entities merely associated with Planned Parenthood, regardless of their direct involvement with abortion services. Such breadth in legislative language often fails when scrutinized, as there might be less restrictive methods to achieve governmental objectives.
Adding a layer of complexity, the Hyde Amendment already prohibits federal funding for abortions, yet many Planned Parenthood patients rely on Medicaid for other healthcare services. According to Schoenfeld, the defunding would paradoxically lead to more abortions, as reduced access to healthcare can exacerbate the situation Planned Parenthood aims to mitigate.
States have begun to counteract federal funding losses with their own resources, emphasizing the broader impact on public health and the importance of continued support for these healthcare services. As the debate continues, the court’s decision remains pending, leaving stakeholders across the country anxiously awaiting a resolution to this critical case.