Case: Planned Parenthood Federation of America, Inc. v. Kennedy

1:25-cv-11913 | U.S. District Court for the District of Massachusetts

Filed Date: July 7, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

Except under narrow circumstances, federal funds (such as Medicaid reimbursements) may not be used to provide abortions. The "Defund Provision" (Section 71113 of the Trump administration's "One Big Beautiful Bill Act") denies Medicaid funds to certain prohibited entities entirely, including organizations that provide abortions and entities receiving more than $800,000 in Medicaid funds in the 2023 fiscal year. The Planned Parenthood Federation of America (PPFA) claims the law was drafted to tar…

Except under narrow circumstances, federal funds (such as Medicaid reimbursements) may not be used to provide abortions. The "Defund Provision" (Section 71113 of the Trump administration's "One Big Beautiful Bill Act") denies Medicaid funds to certain prohibited entities entirely, including organizations that provide abortions and entities receiving more than $800,000 in Medicaid funds in the 2023 fiscal year. The Planned Parenthood Federation of America (PPFA) claims the law was drafted to target member organizations, including those that do not provide abortions.

On July 7, 2025, PPFA, Planned Parenthood League of Massachusetts, and Planned Parenthood Association of Utah filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the U.S. Department of Health and Human Services (HHS) and its Secretary, and the Centers for Medicare & Medicaid Services (CMS) and its Administrators. The plaintiff's counsel is comprised of a group of attorneys from the Planned Parenthood Federation of America and Wilmer Cutler Pickering Hale and Dorr LLP. Judge Indira Talwani was assigned to the case.

The complaint made the following claims:

  1. The act is an unconstitutional bill of attainder because it punishes Planned Parenthood organizations without a judicial trial.
  2. The Defund Provision treats Planned Parenthood members unliked other organizations that provide the same medical care, thereby violation the Equal Protection Clause.
  3. The government is retaliating against the plaintiffs for First Amendment protected conduct (providing sexual and reproductive healthcare).
  4. The provision denies eligibility for federal funding for members in the PPFA that do not provide abortion services or did not receive over $800,000 in Medicaid funds in the 2023 fiscal year. The complaint alleges this impermissibly infringes on those organizations' freedom of association. 
  5. The Defund Provision does not provide reasonable notice nor does it specify whom it regulates. It should be void for vagueness.

Plaintiffs sought declaratory judgment that the Defund Provision was unconstitutional, as well as injunctive relief barring Defendants from enforcing the provisions of the Defund Provision against any Planned Parenthood Member.

The plaintiffs moved for emergency relief, requesting that the defendants be enjoined from enforcing or applying the Defund Provision. Judge Talwani granted this motion later that day without giving the government an opportunity to respond and ordered an ex parte temporary restraining order (TRO) to be in effect for fourteen days.

On July 11, the government moved to vacate the TRO, claiming that the plaintiffs failed to show that they would suffer an immediate and irreparable injury without the TRO. In response, Judge Talwani amended the order for the TRO to explain the court's belief that irreparable harm had been caused by the Defund Provision. Judge Talwani also ordered a nominal bond.

On July 21 and July 28, the court ruled in favor of the plaintiff's motion for a preliminary injunction. Judge Talwani ultimately enjoined the government from enforcing, retroactively enforcing, or in any way applying the Defund Provision against members of the PPFA. The court also ordered the government to take all steps necessary to ensure that Medicaid funding continues to be disbursed.

The first order was limited to members who do not provide abortions and did not receive more than $800,000 in Medicaid reimbursements for the 2023 fiscal year. In the July 21 opinion, the court found that the Defund Provision does impinge on a fundamental right (speech and association) and is therefore, subject to strict scrutiny review. Judge Talwani held that the Defund Provision would likely fail a strict scrutiny review. This is because the provision treats PPFA members differently than other-similarly situated entities and the criteria the provision applies are unrelated to the goal of reducing abortions. The government immediately appealed the order.

In the July 28 decision, the court extended the preliminary injunction to all PPFA members. Judge Talwani explained that "Section 71113 conditions a specified group’s continued participation in Medicaid on Planned Parenthood Members surrendering certain activities, it fits within a historical category of bills of attainder." The court declined the defendants motion to stay the preliminary injunction pending their appeal.

Defendants appealed the July 28, 2025 order on August 5, 2025 to the United States Court of Appeals for the First District. On August 7, 2025, defendants filed a motion to stay the TRO and the preliminary injunction. The Court of Appeals denied both of the defendant's motions to stay the injunctions without prejudice, deeming them premature as a motion for similar relief was pending in the district court.

The parties jointly filed a motion to stay further district court proceedings pending resolution of the Defendant's Motion to Stay Preliminary Injunctions Pending Appeal on August 11, 2025. The court granted this joint motion on August 13, 2025. The following day, the Court of Appeals issued an order consolidating both of the defendant’s appeals for the purpose of briefing and oral argument.

After concluding the defendants met their burden demonstrating their entitlement to a stay of the preliminary injunctions pending the disposition of their appeals, Judge Gustavo A. Gelpí from the Court of Appeals for the First District granted the defendant’s motions, staying the July 21, 2025 preliminary injunction and the July 28, 2025 preliminary injunction. Judge Gelpí additionally granted the State of Louisiana and the American Center of Law & Justice leave to file an amicus brief. After the First Circuit made their ruling on defendants' motion to stay the preliminary injunctions, the Massachusetts District Court lifted the stay on their court from August. Soon after, the parties jointly filed a motion seeking again to stay District Court proceedings, this time pending resolution of defendant's full appeals of the preliminary injunctions. The District Court granted this motion, staying their proceedings again.

On September 16, 2025, in the First Circuit, plaintiffs filed an emergency motion asking the court reconsider their ruling staying the preliminary injunctions previously granted by the District Court. The court promptly denied plaintiffs' motion and ordered a new briefing schedule, with oral arguments scheduled for November 12, 2025. The court also ordered the parties to file a joint status report by October 3 to update the court on statutory implementation and any specific designations or identifications made under Section 71113.

Defendants sought a stay of the status report deadline due to the government shutdown. The court denied this stay, upholding the deadline. In the report, defendants reported that HHS was in the process of formulating implementation guidance and had not made any specific designations to date. Plaintiffs reported they had not received any guidance from defendant and that the plaintiffs and Planned Parenthood Member patients were continuing to incur irreparable harm every day because the provision is currently enforceable.

After the court granted defendant an extension, briefing by the parties and several amici was completed ahead of the oral argument scheduled for November 12, 2025. The appellate court issued its decision on December 12, 2025, vacating the district court's July 21 and July 28, 2025, orders granting the preliminary injunctions. The appellate court reasoned that the plaintiffs were not likely to succeed on the merits of their claims for a number of reasons, including that the loss of funding did not likely constitute "punishment" under the law, which several of plaintiffs' claims relied upon, and that the plaintiffs' Equal Protection claim would likely be subjected to, and survive, rational basis review. The court remanded the matter back to the district court for further proceedings consistent with the opinion. 2025 WL 3563200.

This case is ongoing.

Summary Authors

Jinan Abufarha (7/8/2025)

Maddy Ligon (1/5/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70721678/parties/planned-parenthood-federation-of-america-inc-v-kennedy/


Judge(s)
Attorney for Plaintiff

Eastling, Kyla (Massachusetts)

Hogue, Sharon (Massachusetts)

Attorney for Defendant

Hall, Emily Margaret (Massachusetts)

Hedges, Elizabeth Themins (Massachusetts)

Expert/Monitor/Master/Other

Harvey, Thomas M. (Massachusetts)

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Documents in the Clearinghouse

Document
1

1:25-cv-11913

Complaint for Declaratory and Injunctive Relief

July 7, 2025

July 7, 2025

Complaint
69

1:25-cv-11913

Memorandum & Order

Planned Parenthood Federation of America v. Kennedy

July 28, 2025

July 28, 2025

Order/Opinion

2025 WL 2101940

75

1:25-cv-11913

Notice of Appeal

Planned Parenthood Federation of America v. Kennedy

Aug. 5, 2025

Aug. 5, 2025

Pleading / Motion / Brief
86

1:25-cv-11913

Joint Motion to Stay Further District Court Proceedings Pending Resolution of the Government's Motion to Stay Preliminary Injunction Pending Appeal

Planned Parenthood Federation of America v. Kennedy

Aug. 11, 2025

Aug. 11, 2025

Pleading / Motion / Brief
108333159

25-01698

Motion for Stay Pending Appeal

Planned Parenthood Federation of America v. Kennedy Jr.

U.S. Court of Appeals for the First Circuit

Aug. 28, 2025

Aug. 28, 2025

Pleading / Motion / Brief
93

1:25-cv-11913

Memorandum & Order

Planned Parenthood Federation of America v. Kennedy

Aug. 29, 2025

Aug. 29, 2025

Order/Opinion

2025 WL 2495955

108339168

25-01698

Order of Court

U.S. Court of Appeals for the First Circuit

Sept. 11, 2025

Sept. 11, 2025

Order/Opinion
94

1:25-cv-11913

Order of Court

Planned Parenthood Federation of America v. Kennedy

U.S. Court of Appeals for the First Circuit

Sept. 11, 2025

Sept. 11, 2025

Order/Opinion
108341143

25-01698

Emergency Motion for Reconsideration of Stay Order and for Expedited Briefing

Planned Parenthood Federation of America, Inc. et al. v. Kennedy, Jr. et al.

U.S. Court of Appeals for the First Circuit

Sept. 16, 2025

Sept. 16, 2025

Pleading / Motion / Brief
108342037

25-01698

Order of Court

Planned Parenthood Federation of America, Inc. v. Kennedy et al.

U.S. Court of Appeals for the First Circuit

Sept. 18, 2025

Sept. 18, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70721678/planned-parenthood-federation-of-america-inc-v-kennedy/

Last updated Jan. 8, 2026, 1:35 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants Filing fee: $ 405, receipt number AMADC-11104085 (Fee Status: Filing Fee paid), filed by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Hogue, Sharon) (Entered: 07/07/2025)

1 Civil Cover Sheet

View on PACER

2 Category Form

View on PACER

July 7, 2025

July 7, 2025

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

3

MOTION for Leave to File Excess Pages by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts.(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

4

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Text of Proposed Order)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP
5

MEMORANDUM in Support re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Exhibit 1 - Declaration of Kimberly Custer, # 2 Exhibit 2 - Declaration of Dominique Lee, # 3 Exhibit 3 - Declaration of Shireen Ghorbani, # 4 Exhibit 4 - Declaration of Jenna Tosh, # 5 Exhibit 5 - Declaration of Claire D. Brindis)(Hogue, Sharon) (Entered: 07/07/2025)

1 Exhibit 1 - Declaration of Kimberly Custer

View on RECAP

2 Exhibit 2 - Declaration of Dominique Lee

View on RECAP

3 Exhibit 3 - Declaration of Shireen Ghorbani

View on RECAP

4 Exhibit 4 - Declaration of Jenna Tosh

View on RECAP

5 Exhibit 5 - Declaration of Claire D. Brindis

View on RECAP

July 7, 2025

July 7, 2025

RECAP
6

NOTICE of Appearance by Sharon Hogue on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

7

MOTION for Leave to Appear Pro Hac Vice for admission of Alan Schoenfeld Filing fee: $ 125, receipt number AMADC-11104437 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of Alan Schoenfeld)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

8

MOTION for Leave to Appear Pro Hac Vice for admission of Albinas Prizgintas Filing fee: $ 125, receipt number AMADC-11104462 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of Albinas Prizgintas)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

9

MOTION for Leave to Appear Pro Hac Vice for admission of Cassandra Mitchell Filing fee: $ 125, receipt number AMADC-11104475 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of Cassandra Mitchell)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

10

MOTION for Leave to Appear Pro Hac Vice for admission of Alex W. Miller Filing fee: $ 125, receipt number AMADC-11104496 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of Alex W. Miller)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

11

MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer Sandman Filing fee: $ 125, receipt number AMADC-11104533 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of Jennifer Sandman)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

12

MOTION for Leave to Appear Pro Hac Vice for admission of Emily Nestler Filing fee: $ 125, receipt number AMADC-11104556 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of Emily Nestler)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

13

MOTION for Leave to Appear Pro Hac Vice for admission of C. Peyton Humphreville Filing fee: $ 125, receipt number AMADC-11104566 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of C. Peyton Humphreville)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

14

MOTION for Leave to Appear Pro Hac Vice for admission of Kyla Eastling Filing fee: $ 125, receipt number AMADC-11104577 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Declaration of Kyla Eastling)(Hogue, Sharon) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

15

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (NMC) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

16

Summons Issued as to Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (SEC) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

17

Judge Indira Talwani: ELECTRONIC ORDER granting nunc pro tunc Motion for Leave to File Excess Pages 3 . (SEC) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

18

Judge Indira Talwani: TEMPORARY RESTRAINING ORDER. See attached. (SEC) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP
19

Judge Indira Talwani: ELECTRONIC ORDER: Defendants shall file any opposition to the Plaintiffs' request for a preliminary injunction, see Motion 4, no later than July 14, 2025. The clerk shall set a hearing on the motion for the morning of July 21, 2025. (SEC) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

20

Judge Indira Talwani: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice; granting 8 Motion for Leave to Appear Pro Hac Vice; granting 9 Motion for Leave to Appear Pro Hac Vice; granting 10 Motion for Leave to Appear Pro Hac Vice; granting 11 Motion for Leave to Appear Pro Hac Vice; granting 12 Motion for Leave to Appear Pro Hac Vice; granting 13 Motion for Leave to Appear Pro Hac Vice; granting 14 Motion for Leave to Appear Pro Hac Vice. Added Alan Schoenfeld, Albinas Prizgintas, Cassandra Mitchell, Alex W. Miller, Jennifer Sandman, Emily Nestler, C. Peyton Humphreville, and Kyla Eastling. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by each of the newly admitted attorneys. (SEC) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

Notice of Case Assignment

July 7, 2025

July 7, 2025

Order on Motion for Leave to File Excess Pages

July 7, 2025

July 7, 2025

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

July 7, 2025

July 7, 2025

Order

July 7, 2025

July 7, 2025

21

ELECTRONIC NOTICE Setting Hearing on Motion 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing set for 7/21/2025 11:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (GAM) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

22

NOTICE of Appearance by Alan E. Schoenfeld on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Schoenfeld, Alan) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

23

MOTION to Continue Hearing on Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction to July 24, 2025 by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts.(Schoenfeld, Alan) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

RECAP

Notice Setting or Resetting Hearing on Motion

July 8, 2025

July 8, 2025

24

Opposition re 23 MOTION to Continue Hearing on Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction to July 24, 2025 filed by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. (Neylan, Elisabeth) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

RECAP
25

Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs' Motion to Continue Hearing 23 seeks to continue the July 21, 2025 hearing on Plaintiffs' Motion for a Preliminary Injunction 4, or in the alternative, to reschedule the hearing for July 18, 2025, based on Plaintiffs' counsel's schedule. Defendants request that the court deny Plaintiffs' Motion for lack of good cause to delay the hearing where Plaintiffs are represented by multiple counsel and where Defendants do not oppose Plaintiffs' remote attendance at the hearing. Defendants' Opp. 1-2 24 . Defendants note further that where a TRO has been entered, the hearing should be scheduled "at the earliest possible time," and that if the hearing is rescheduled, it should be set for July 17 or July 18, 2025, while maintaining existing briefing schedules. Id. (citing Fed. R. Civ. P. 65(b)(3)). Where both sides are available for an earlier hearing on July 18, 2025, the clerk shall reset the hearing on Plaintiffs' Motion for Preliminary Injunction 4 for the morning of July 18, 2025. Defendants' time to file an opposition to Plaintiffs' Motion for Preliminary Injunction 4 remains set for July 14, 2025. Plaintiffs' Motion to Continue Hearing 23 is denied as moot.(SEC) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

26

ELECTRONIC NOTICE Resetting Hearing on Motion 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction : Motion Hearing RESET for 7/18/2025 09:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (SEC) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

27

NOTICE of Appearance by Elisabeth Neylan on behalf of Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services (Neylan, Elisabeth) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

1 - Terminate Hearings AND Order AND ~Util - Terminate Motions

July 9, 2025

July 9, 2025

Notice Setting or Resetting Hearing on Motion

July 9, 2025

July 9, 2025

28

NOTICE of Appearance by Elizabeth Themins Hedges on behalf of Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services (Hedges, Elizabeth) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

29

MOTION to Vacate 18 Temporary Restraining Order Motion to Dissolve by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. (Attachments: # 1 Memorandum)(Hedges, Elizabeth) Memorandum in Support filed as own entry. See 30 (SEC). (Entered: 07/11/2025)

1 Memorandum

View on RECAP

July 11, 2025

July 11, 2025

RECAP
30

MEMORANDUM in Support re 29 MOTION to Vacate 18 Temporary Restraining Order Motion to Dissolve filed by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. (SEC) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

RECAP
31

NOTICE of Appearance by Thomas M. Harvey on behalf of American Center for Law & Justice (Harvey, Thomas) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

32

MOTION for Leave to Appear Pro Hac Vice for admission of Nathan J. Moelker Filing fee: $ 125, receipt number AMADC-11117447 by American Center for Law & Justice.(Harvey, Thomas) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

33

MOTION for Leave to Appear Pro Hac Vice for admission of Jordan A. Sekulow Filing fee: $ 125, receipt number AMADC-11117514 by American Center for Law & Justice. (Attachments: # 1 Exhibit amicus declaration)(Harvey, Thomas) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

34

MOTION for Leave to Appear Pro Hac Vice for admission of Olivia F. Summers Filing fee: $ 125, receipt number AMADC-11117543 by American Center for Law & Justice. (Attachments: # 1 Exhibit amicus declaration)(Harvey, Thomas) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

35

STATUS REPORT by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. (Neylan, Elisabeth) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

RECAP
36

Assented to MOTION for Leave to File Amicus Curiae Brief by American Center for Law & Justice. (Attachments: # 1 Certificate of Compliance)(Harvey, Thomas) (Additional attachment(s) added on 7/11/2025: # 2 Proposed Amicus Brief) (SEC). (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

37

AMICUS BRIEF filed by American Center for Law & Justice . (Harvey, Thomas) Proposed Amicus Brief filed as attachment to motion. See 36 -2 (SEC). (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

RECAP
38

NOTICE of Appearance by Alexander Miller on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Miller, Alexander) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

39

NOTICE of Appearance by Albinas Prizgintas on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Prizgintas, Albinas) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

40

NOTICE of Appearance by Cassandra Mitchell on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Mitchell, Cassandra) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

41

Judge Indira Talwani: ELECTRONIC ORDER allowing 36 Assented to MOTION for Leave to File Amicus Curiae Brief. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (SEC) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

42

Judge Indira Talwani: ELECTRONIC ORDER entered granting 32 Motion for Leave to Appear Pro Hac Vice; granting 33 Motion for Leave to Appear Pro Hac Vice; granting 34 Motion for Leave to Appear Pro Hac Vice. Added Nathan J. Moelker, Jordan A. Sekulow, and Olivia F. Summers. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by each of the newly admitted attorneys. (SEC) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

43

NOTICE of Appearance by Olivia F. Summers on behalf of American Center for Law & Justice (Summers, Olivia) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

44

AMICUS BRIEF filed by American Center for Law & Justice . (Summers, Olivia) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

RECAP
45

NOTICE of Appearance by Nathan Jeremiah Moelker on behalf of American Center for Law & Justice (Moelker, Nathan) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

46

Judge Indira Talwani: ORDER entered on Defendants' Motion to Vacate 29 . The court dissolves the Temporary Restraining Order 18 issued on July 7, 2025, and enters this AmendedTemporary Restraining Order for the reasons set forth therein. See attached Amended Temporary Restraining Order. (Talwani, Indira) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

RECAP

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

July 11, 2025

July 11, 2025

Order on Motion for Leave to File Document

July 11, 2025

July 11, 2025

Amicus brief filed

July 11, 2025

July 11, 2025

47

NOTICE of Appearance by Emily Margaret Hall on behalf of Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services (Hall, Emily) (Entered: 07/13/2025)

July 13, 2025

July 13, 2025

48

NOTICE of Appearance by C. Peyton Humphreville on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Humphreville, C. Peyton) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

49

MOTION for Leave to File Excess Pages by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services.(Neylan, Elisabeth) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

RECAP
50

NOTICE of Appearance by C. Peyton Humphreville on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Humphreville, C. Peyton) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

51

Judge Indira Talwani: ELECTRONIC ORDER allowing 49 MOTION for Leave to File Excess Pages; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (SEC) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

52

NOTICE of Appearance by Jennifer Sandman on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Sandman, Jennifer) (Entered: 07/14/2025)

July 14, 2025

July 14, 2025

53

MEMORANDUM in Opposition re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. (Attachments: # 1 Affidavit Costello Declaration, # 2 Affidavit Snyder Declaration)(Neylan, Elisabeth) Modified on 7/15/2025 to correct heading error (SEC). (Entered: 07/14/2025)

1 Affidavit Costello Declaration

View on RECAP

2 Affidavit Snyder Declaration

View on RECAP

July 14, 2025

July 14, 2025

RECAP

Order on Motion for Leave to File Excess Pages

July 14, 2025

July 14, 2025

54

NOTICE of Appearance by Jordan A. Sekulow on behalf of American Center for Law & Justice (Sekulow, Jordan) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

RECAP
55

NOTICE by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts of Undertaking on Temporary Restraining Order (Schoenfeld, Alan) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

RECAP
56

NOTICE of Appearance by Emily Nestler on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Nestler, Emily) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

57

NOTICE of Appearance by Kyla Eastling on behalf of Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts (Eastling, Kyla) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

RECAP
58

MOTION for Leave to File a Reply in Support of Motion for Preliminary Injunction by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Exhibit A - Plaintiffs' Proposed Reply, # 2 Exhibit 1)(Schoenfeld, Alan) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

59

Judge Indira Talwani: ELECTRONIC ORDER allowing 58 MOTION for Leave to File a Reply in Support of Motion for Preliminary Injunction. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (SEC) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

60

REPLY to Response to 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Attachments: # 1 Exhibit 1)(Schoenfeld, Alan) (Entered: 07/17/2025)

1 Exhibit 1

View on RECAP

July 17, 2025

July 17, 2025

RECAP

Order on Motion for Leave to File Document

July 17, 2025

July 17, 2025

61

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 7/18/2025 re 4 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Planned Parenthood League of Massachusetts, Planned Parenthood Federation of America, Inc., Planned Parenthood Association of Utah. Case called. Court heard argument from counsel. Order to issue by 7/21/2025. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Kyla Eastling, Sharon Hogue, C. Peyton Humphreville, Alexander Miller, Emily Nestler, Albinas Prizgintas, Alan E. Schoenfeld, Emily Margaret Hall, Elizabeth Themins Hedges) (GAM) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

Motion Hearing

July 18, 2025

July 18, 2025

62

Judge Indira Talwani: Plaintiffs' Emergency Motion for a Preliminary Injunction [Doc. No. 4] is GRANTED in part and otherwise remains under advisement. See attached Memorandum and Order. (Talwani, Indira) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

RECAP
63

NOTICE OF APPEAL as to 62 Order on Motion for TRO by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 8/11/2025. (Hall, Emily) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

RECAP
64

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 63 Notice of Appeal. (MAP) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

RECAP
65

USCA Case Number 25-1698 for 63 Notice of Appeal, filed by Robert F. Kennedy, Jr., Centers for Medicare & Medicaid Services, Mehmet Oz, U.S. Department of Health and Human Services. (MAP) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

66

Emergency MOTION for Clarification of the Court's July 21, 2025 Order or, in the Alternative, to Extend Amended Temporary Restraining Order by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts.(Schoenfeld, Alan) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

RECAP
67

MEMORANDUM in Support re 66 Emergency MOTION for Clarification of the Court's July 21, 2025 Order or, in the Alternative, to Extend Amended Temporary Restraining Order filed by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts. (Schoenfeld, Alan) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

RECAP

USCA Case Number

July 23, 2025

July 23, 2025

68

NOTICE by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services of Intent to Oppose Pls.' Motion for Clarification, ECF Nos. 66, 67. (Neylan, Elisabeth) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

RECAP
69

Judge Indira Talwani: ELECTRONIC ORDER granting Plaintiffs' Motion for a Preliminary Injunction 4 . See attached Memorandum and Order. (SEC) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

Clearinghouse
70

Transcript of Motion Hearing held on July 18, 2025, before Judge Indira Talwani. COA Case No. 25-1698. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 8/18/2025. Redacted Transcript Deadline set for 8/28/2025. Release of Transcript Restriction set for 10/27/2025. (DRK) (Entered: 07/29/2025)

July 28, 2025

July 28, 2025

71

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

72

Judge Indira Talwani: ELECTRONIC ORDER denying without prejudice Plaintiffs' Emergency Motion for Clarification of the Court's July 21, 2025 Order or, in the Alternative, to Extend Amended Temporary Restraining Order 66 . Any renewed Motion for Clarification should be directed at this court's July 28, 2025 Memorandum & Order 69, rather than the July 21, 2025 Memorandum & Order 62 . (SEC) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

Notice of Filing of Official Transcript

July 29, 2025

July 29, 2025

Order on Motion for Clarification

July 29, 2025

July 29, 2025

73

Joint MOTION for Clarification, or in the Alternative, MOTION for Extension of Time to August 11, 2025 to Submit a Proposed Case Schedule, or Move to Extend Such Deadline ( Responses due by 8/18/2025) by Planned Parenthood Association of Utah, Planned Parenthood Federation of America, Inc., Planned Parenthood League of Massachusetts.(Schoenfeld, Alan) (Entered: 08/04/2025)

Aug. 4, 2025

Aug. 4, 2025

RECAP
74

Judge Indira Talwani: ELECTRONIC ORDER granting Joint Motion to Clarify, or in the Alternative to Extend, Deadline to Submit Case Schedule 73 . The parties shall submit a proposed case schedule by August 11, 2025. (SEC) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

75

NOTICE OF APPEAL as to 69 Memorandum & ORDER by Centers for Medicare & Medicaid Services, Robert F. Kennedy, Jr, Mehmet Oz, U.S. Department of Health and Human Services. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 8/25/2025. (Neylan, Elisabeth) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

Clearinghouse
76

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 75 Notice of Appeal. (MAP) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

RECAP
77

SUMMONS Returned Executed Mehmet Oz served on 7/10/2025, answer due 7/31/2025. (Schoenfeld, Alan) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

RECAP
78

SUMMONS Returned Executed Centers for Medicare & Medicaid Services served on 7/10/2025, answer due 7/31/2025. (Schoenfeld, Alan) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

79

SUMMONS Returned Executed U.S. Department of Health and Human Services served on 7/10/2025, answer due 7/31/2025. (Schoenfeld, Alan) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

80

SUMMONS Returned Executed Robert F. Kennedy, Jr served on 7/10/2025, answer due 7/31/2025. (Schoenfeld, Alan) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

81

SUMMONS Returned Executed by Planned Parenthood Association of Utah, Planned Parenthood League of Massachusetts, Planned Parenthood Federation of America, Inc.. (Schoenfeld, Alan) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

82

SUMMONS Returned Executed as to US Attorney by Planned Parenthood Association of Utah, Planned Parenthood League of Massachusetts, Planned Parenthood Federation of America, Inc.. (Schoenfeld, Alan) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

Order on Motion for Clarification AND Order on Motion for Extension of Time

Aug. 5, 2025

Aug. 5, 2025

83

USCA Case Number 25-1755 for 75 Notice of Appeal, filed by Robert F. Kennedy, Jr., Centers for Medicare & Medicaid Services, Mehmet Oz, U.S. Department of Health and Human Services. (MAP) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

Case Details

State / Territory:

Massachusetts

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 7, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are the Planned Parenthood Federation of America (on behalf of all its members), Planned Parenthood League of Massachusetts, and the Planned Parenthood Association of Utah.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (- United States (national) -), Federal

ADMINISTRATOR OF THE CENTERS FOR MEDICARE & MEDICAID SERVICES (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

District of Massachusetts 1:25-cv-11913

U.S. Court of Appeals for the First Circuit 25-01698

U.S. Court of Appeals for the First Circuit 25-01755

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Injunction

Attorneys fees

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Government services

Benefits (Source):

Medicaid

Discrimination Basis:

Gender identity

Sex discrimination

Reproductive rights:

Funding