Attorney General James Sues to Stop the Federal Government from Defunding Planned Parenthood

NEW YORK – New York Attorney General Letitia James today joined a coalition of 21 other attorneys general and the state of Pennsylvania in suing to block a provision in the so-called “One Big Beautiful Bill Act” (OBBA), that illegally targets and defunds the nation’s largest provider of reproductive health care, Planned Parenthood, because it advocates for the right to abortion. The OBBA, signed into law on July 4, prohibits Medicaid funding from going to non-profit health care clinics that receive a certain amount of Medicaid funding and provide abortions – criteria that almost exclusively applies to Planned Parenthood clinics. Attorney General James and the coalition argue that the government’s intent is clear: to defund Planned Parenthood and silence its advocacy. As a result, millions of low-income people who rely on Planned Parenthood for cancer screenings, testing and treatment for sexually transmitted infections (STIs), and family planning services will be left without access to this necessary care. Attorney General James and the coalition argue that the new restriction is unconstitutional, retaliatory, and deeply harmful to public health, particularly for low-income and underserved communities that rely on Planned Parenthood clinics for essential health care.

“The federal government is once again playing politics with our health care system, with devastating consequences,” said Attorney General James. “This administration’s shameful and illegal targeting of Planned Parenthood will make it harder for millions of people to get the health care they need. New York will not be bullied into enforcing this unconstitutional attack on health care and reproductive freedom.”

Planned Parenthood is a core part of New York’s Medicaid provider network. In 2023 alone, 89,000 New Yorkers enrolled in Medicaid received care at Planned Parenthood clinics, which provided tens of thousands of STI tests, cancer screenings, and contraceptive services. Cutting off that funding would devastate access, especially for low-income New Yorkers, young people, and people of color. As Attorney General James and the coalition argue, this targeted provision in OBBA forces states into a lose-lose position: either block Planned Parenthood from Medicaid entirely – forcing clinics to close and leaving patients without care – or pay for those services with state funds, forfeiting millions in federal funding.

Attorney General James and the coalition argue that this provision in the law is the culmination of a years-long effort by the president and congressional leaders to target Planned Parenthood with political retribution for supporting abortion access. Federal Medicaid funds already cannot be used for abortion services. Instead, legislative history and public statements make clear that the provision’s purpose is to specifically defund Planned Parenthood. 

Attorney General James and the coalition argue that this attack on Planned Parenthood violates several constitutional provisions. It violates the First Amendment by retaliating against Planned Parenthood for its protected speech and advocacy; violates the Spending Clause by forcing states to implement a vague, unrelated and coercive federal policy without clear notice; and violates the Constitution’s ban on bills of attainder by singling out a group for punishment without due process.

The attorneys general are seeking a court order declaring the defunding provision unconstitutional and halting its implementation.

Joining Attorney General James in filing this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia, along with the state of Pennsylvania.