ACLJ Files Critical Merits Brief in Planned Parenthood Case – The Fight To Defund Abortion Providers Continues

The ACLJ has filed a crucial amicus in Planned Parenthood Federation of America v. Kennedy before the United States Court of Appeals for the First Circuit. This brief represents the next critical phase in our ongoing battle to uphold Congress’ constitutional authority to defund abortion providers and protect American taxpayers from being forced to subsidize organizations that perform abortions.

Building on Our Recent Victory

This merits brief follows our significant victory earlier this year when the First Circuit granted a stay of the preliminary injunctions that would have forced taxpayer dollars to continue flowing to Planned Parenthood. That ruling – secured in part through the ACLJ’s strategic amicus briefing – halted lower court orders and allowed Section 71113 of the “Big Beautiful Bill” to take effect while appeals proceeded.

Now, as the case moves forward at the First Circuit on the merits, we are presenting comprehensive constitutional and legal arguments that demonstrate why Congress acted entirely within its authority when it chose to exclude certain abortion providers from receiving federal Medicaid reimbursements. The First Circuit issued a stay of the injunctions, pausing them. Now it is being asked to reverse them entirely in light of the constitutional principles at stake, and we are supporting the Trump Administration’s efforts to ensure Planned Parenthood is fully defunded.

Join us in these efforts and add your name to the petition: Defeat Planned Parenthood in Court – Save Babies.

While our earlier amicus briefs successfully secured the stay – a crucial procedural victory that stopped the immediate harm – the First Circuit must still decide the underlying appeal and whether those injunctions were properly issued in the first place.

This is where the real battle lies. A stay is temporary relief; it maintains the status quo while the appeal proceeds. But to achieve permanent victory and ensure Section 71113 can be fully implemented without further judicial interference, the First Circuit must reverse the district court's preliminary injunctions on the merits. That's why we've filed this comprehensive merits brief – to provide the appellate court with the full constitutional and legal arguments necessary to overturn the lower court’s erroneous rulings and vindicate Congress’ authority to defund abortion providers once and for all.

Three Powerful Constitutional Arguments

Our amicus brief advances three critical arguments that should result in a complete victory for Congress and the rule of law:

First, there is no constitutional right to taxpayer subsidies for abortion providers. The Supreme Court has repeatedly held that while the government cannot place obstacles in the path of lawful conduct, it has no obligation to fund activities that run counter to its policy judgments. Planned Parenthood fundamentally misunderstands these principles by attempting to transform the Constitution’s guarantee of negative liberty into a supposed right to taxpayer-funded support.

Second, Congress’ funding decision is not a Bill of Attainder. Planned Parenthood’s claim that Section 71113 constitutes an unconstitutional bill of attainder fails because Congress has imposed no punishment. Planned Parenthood remains free to operate, employ staff, and provide services – Congress simply chose not to subsidize those activities with public funds. The Bill of Attainder Clause protects against legislative punishment without trial; it does not transform every funding decision into potential constitutional litigation.

Third, compelling Congress to fund Planned Parenthood would violate separation of powers. What plaintiffs seek – a judicial command forcing Congress to appropriate funds it has declined to appropriate – would invert our constitutional design. Courts cannot compel Congress to spend money any more than Congress can compel courts to decide cases. The Appropriations Clause ensures that Congress alone controls the federal purse.

The Fight Continues

This case extends far beyond Planned Parenthood. At its core, this litigation challenges whether Congress retains its exclusive constitutional authority over federal spending, or whether unelected federal judges can override the spending decisions made by the people’s elected Representatives. It asks whether American taxpayers can be forced to subsidize organizations whose activities conflict with their deeply held moral convictions.

While we celebrate our earlier procedural victory securing the stay, the legal battle is far from over. The ACLJ remains fully committed to defending Congress’ defunding legislation and ensuring that Section 71113 can be fully and permanently implemented as intended. Join us in our efforts to defund Planned Parenthood permanently and protect the conscience rights of American taxpayers.

Join us in these efforts and add your name to the petition: Defeat Planned Parenthood in Court – Save Babies.