Case: Planned Parenthood Federation of America, Inc. v. U.S. Department of Health and Human Services

1:26-cv-02656 | U.S. District Court for the District of District of Columbia

Filed Date: July 28, 2026

Case Ongoing

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Case Summary

This case challenges the U.S. Department of Health and Human Services’ FY 2027 Notice of Funding Opportunity for Title X grants, which conditioned funding on applicants' and grantees' alignment with new HHS priorities. In July 2026, the U.S. Department of Health and Human Services (HHS) issued a Notice of Funding Opportunity (NOFO) directing Title X applicants and grantees to align with new agency priorities concerning contraception, marriage and parenthood, abortion-related care, gender ident…

In July 2026, the U.S. Department of Health and Human Services (HHS) issued a Notice of Funding Opportunity (NOFO) directing Title X applicants and grantees to align with new agency priorities concerning contraception, marriage and parenthood, abortion-related care, gender identity, and other unspecified HHS priorities. Under the NOFO’s guidelines, non-alignment could cost applicants points in HHS's "merit review" scoring process, potentially resulting in denial or revocation of Title X funding.

On July 28, 2026, Planned Parenthood Federation of America (PPFA) filed suit in the U.S. District Court for the District of Columbia against HHS, the Office of the Assistant Secretary for Health, the Office of Population Affairs, Robert F. Kennedy, Jr. in his official capacity as Secretary of Health and Human Services, the Assistant Secretary for Health, and the Deputy Director of the Office of Population Affairs. PPFA challenged the NOFO on several grounds. It alleged that the NOFO conflicted with Title X law and guidance, exceeded HHS’s authority, was vague and arbitrary, and bypassed required notice-and-comment procedures under the Administrative Procedure Act (APA). PPFA further alleged that the NOFO violated the Spending Power under Article I of the U.S. Constitution by failing to give adequate notice of funding conditions. PPFA sought declaratory relief and an injunction preventing Defendants from imposing or implementing the challenged provisions of the NOFO.

On September 14, 2026, Defendants filed a motion to dismiss and, in the alternative, for summary judgment. Defendants argued that PPFA's claims were unripe, that the NOFO was not final agency action, that the Spending Clause claim failed because the NOFO did not itself award funds, and that the APA claims failed because the NOFO merely established a scoring preference that neither facially conflicted with Title X's statute or regulations nor bound nor disqualified any applicant on its own.

As of September 2026, the case remains ongoing.

Summary Authors

Madison Krumins (9/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73684143/parties/planned-parenthood-federation-of-america-inc-v-us-department-of-health/

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Alagesan, Deepa (District of Columbia)

Brooks, Sofia Caroline (District of Columbia)

Flaxman, Carrie Y. (District of Columbia)

Attorney for Defendant

Benson, Landen Paul (District of Columbia)

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Alagesan, Deepa (District of Columbia)

Brooks, Sofia Caroline (District of Columbia)

Flaxman, Carrie Y. (District of Columbia)

Fugere, Leah M. (District of Columbia)

Schoenfeld, Alan E. (District of Columbia)

Stevenson, Christopher (District of Columbia)

Thurston, Robin F. (District of Columbia)

Vega, Camila (District of Columbia)

Wolfson, Paul R.Q. (District of Columbia)

Attorney for Defendant

Benson, Landen Paul (District of Columbia)

Zorn, Matthew Charles (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-02656	Complaint for Declaratory and Injunctive Relief Planned Parenthood Federation of America, Inc. v. U.S. Department of Health and Human Services et al.	July 28, 2026	July 28, 2026 Complaint

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Notice of Funding Opportunity, Title X Family Planning Services Grants	The Office of Population Affairs (OPA) announces the anticipated availability of funds for Fiscal Year (FY) 2027 grants under the authority of Title X of the Public Health Service Act, Section 1001…	April 6, 2026	April 6, 2026 https://files.simpler.grants.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73684143/planned-parenthood-federation-of-america-inc-v-us-department-of-health/

Last updated Oct. 14, 2026, 3:15 a.m.

Docket for: PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

ECF Number	Date	Description	Link
1	July 28, 2026	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against BRIAN CHRISTINE, ROBERT F. KENNEDY, JR, AMY L. MARGOLIS, OFFICE OF POPULATION AFFAIRS, OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-12574433) filed by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Summons - U.S. Department of Health and Human Services, # 4 Summons - Office of the Assistant Secretary for Health, # 5 Summons - Office of Population Affairs, # 6 Summons - Robert F. Kennedy, Jr., # 7 Summons - Brian Christine, # 8 Summons - Amy L. Margolis, # 9 Summons - U.S. Attorney's Office, # 10 Summons - U.S. Attorney General)(Schoenfeld, Alan) (Entered: 07/28/2026) 1 Exhibit 1 View on PACER 2 Civil Cover Sheet View on PACER 3 Summons - U.S. Department of Health and Human Services View on PACER 4 Summons - Office of the Assistant Secretary for Health View on PACER 5 Summons - Office of Population Affairs View on PACER 6 Summons - Robert F. Kennedy, Jr. View on PACER 7 Summons - Brian Christine View on PACER 8 Summons - Amy L. Margolis View on PACER 9 Summons - U.S. Attorney's Office View on PACER 10 Summons - U.S. Attorney General View on PACER	Clearinghouse
2	July 28, 2026	NOTICE of Appearance by Alan E. Schoenfeld on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Schoenfeld, Alan) (Entered: 07/28/2026)	RECAP
3	July 28, 2026	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Schoenfeld, Alan) (Entered: 07/28/2026)	RECAP
4	July 28, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sofia Brooks, Filing fee $ 100, receipt number ADCDC-12574684. Fee Status: Fee Paid. by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.. (Attachments: # 1 Declaration of Sofia Brooks in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Schoenfeld, Alan) (Entered: 07/28/2026)	RECAP
5	July 28, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leah M. Fugere, Filing fee $ 100, receipt number ADCDC-12574698. Fee Status: Fee Paid. by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.. (Attachments: # 1 Declaration of Leah M. Fugere in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Schoenfeld, Alan) (Entered: 07/28/2026)	RECAP
6	July 28, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Chris Stevenson, Filing fee $ 100, receipt number ADCDC-12574699. Fee Status: Fee Paid. by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.. (Attachments: # 1 Declaration of Chris Stevenson in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Schoenfeld, Alan) (Entered: 07/28/2026)	RECAP
7	July 28, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Camila Vega, Filing fee $ 100, receipt number ADCDC-12574702. Fee Status: Fee Paid. by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.. (Attachments: # 1 Declaration of Camila Vega in Support, # 2 Certificate of Good Standing, # 3 Proposed Order)(Schoenfeld, Alan) (Entered: 07/28/2026)	RECAP
8	July 29, 2026	SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 07/29/2026)	RECAP
9	July 29, 2026	NOTICE of Appearance by Deepa Alagesan on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Alagesan, Deepa) (Entered: 07/29/2026)	RECAP
10	July 29, 2026	NOTICE of Appearance by Carrie Y. Flaxman on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Flaxman, Carrie) (Entered: 07/29/2026)	RECAP
11	July 29, 2026	NOTICE of Appearance by Robin F. Thurston on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Thurston, Robin) (Entered: 07/29/2026)	RECAP
12	July 29, 2026	NOTICE of Appearance by Paul R.Q. Wolfson on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Wolfson, Paul) (Entered: 07/29/2026)	RECAP
	July 29, 2026	Case Assigned/Reassigned
	July 29, 2026	Case Assigned to Judge Christopher R. Cooper. (zmtm)
13	July 30, 2026	NOTICE of Appearance by Camila Vega on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Vega, Camila) (Entered: 07/30/2026)	RECAP
	July 30, 2026	Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice
	July 30, 2026	MINUTE ORDER granting 4 5 6 7 Motions for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Christopher R. Cooper on 7/30/2026. (lccrc3)
14	July 31, 2026	NOTICE of Appearance by Sofia Caroline Brooks on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Brooks, Sofia) (Entered: 07/31/2026)	RECAP
15	July 31, 2026	NOTICE of Appearance by Leah M. Fugere on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Fugere, Leah) (Entered: 07/31/2026)	RECAP
16	July 31, 2026	NOTICE of Appearance by Christopher Stevenson on behalf of PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (Stevenson, Christopher) (Entered: 07/31/2026)	RECAP
17	Aug. 17, 2026	NOTICE of Appearance by Matthew Charles Zorn on behalf of BRIAN CHRISTINE, ROBERT F. KENNEDY, JR, AMY L. MARGOLIS, OFFICE OF POPULATION AFFAIRS, OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Zorn, Matthew) (Entered: 08/17/2026)	RECAP
18	Aug. 17, 2026	MOTION for Telephone Conference by BRIAN CHRISTINE, ROBERT F. KENNEDY, JR, AMY L. MARGOLIS, OFFICE OF POPULATION AFFAIRS, OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Proposed Order)(Zorn, Matthew) (Entered: 08/17/2026) 1 Exhibit Amended Complaint View on PACER 2 Exhibit Proposed Order View on PACER	RECAP
19	Aug. 18, 2026	RESPONSE re 18 MOTION for Telephone Conference filed by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.. (Attachments: # 1 Proposed Order)(Schoenfeld, Alan) (Entered: 08/18/2026) 1 Proposed Order View on PACER	RECAP
	Aug. 18, 2026	.Order AND ~Util - Set/Reset Deadlines
	Aug. 18, 2026	MINUTE ORDER directing Plaintiff to file a response to the government's 18 Motion for Telephonic Conference by the end of today. The Court shall schedule a prompt status conference if necessary upon review of the parties' filings. Signed by Judge Christopher R. Cooper on 8/18/2026. (lccrc3)
	Aug. 20, 2026	Order on Motion for Telephone Conference AND Set/Reset Hearings
	Aug. 20, 2026	MINUTE ORDER granting Defendants' 18 Motion for Telephone Conference. The parties are directed to appear for a virtual status conference on August 25, 2026 at 11:00 AM to discuss the issues raised in Defendants' 18 Motion and Plaintiff's 19 Response. Login details will be circulated to counsel in advance of the conference. Signed by Judge Christopher R. Cooper on 8/20/2026. (lccrc3)
20	Aug. 24, 2026	NOTICE of Appearance by Landen Paul Benson on behalf of All Defendants (Benson, Landen) (Entered: 08/24/2026)	RECAP
21	Aug. 24, 2026	NOTICE of Filing Certified List of Contents of the Administrative Record by BRIAN CHRISTINE, ROBERT F. KENNEDY, JR, AMY L. MARGOLIS, OFFICE OF POPULATION AFFAIRS, OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit Administrative Record Index and Certification)(Benson, Landen) (Entered: 08/24/2026) 1 Exhibit Administrative Record Index and Certification View on PACER	RECAP
	Aug. 25, 2026	Status Conference
	Aug. 25, 2026	.Order AND ~Util - Set/Reset Deadlines
	Aug. 25, 2026	Minute Entry for video Status Conference held before Judge Christopher R. Cooper on 8/25/2026. Forthcoming Scheduling Order. (Court Reporter: Lisa Moreira) (lsj)
	Aug. 25, 2026	MINUTE ORDER: In light of Defendants' 18 Motion for Telephone Conference and Plaintiff's 19 Response, the Court hereby sets the following briefing schedule: Defendants shall file a motion to dismiss and/or for summary judgment by September 14, 2026. Plaintiff shall file a combined cross-motion for summary judgment and opposition to Defendants' motion by October 9, 2026. Defendants shall file a combined reply in opposition to Plaintiff's cross-motion and in support of its motion by October 16, 2026. Plaintiff shall file a reply in support of its cross-motion by October 23, 2026. Signed by Judge Christopher R. Cooper on 08/25/2026.(lccrc3)
22	Sept. 10, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRIAN CHRISTINE served on 8/4/2026; ROBERT F. KENNEDY, JR served on 8/4/2026; AMY L. MARGOLIS served on 8/3/2026; OFFICE OF POPULATION AFFAIRS served on 8/3/2026; OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH served on 8/4/2026; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/3/2026 (Attachments: # 1 Declaration of Alan E. Schoenfeld, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Schoenfeld, Alan) (Entered: 09/10/2026)	RECAP
23	Sept. 10, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/04/2026. (Attachments: # 1 Declaration of Alan E. Schoenfeld, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Schoenfeld, Alan) (Entered: 09/10/2026)	RECAP
24	Sept. 10, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/3/2026. Answer due for ALL FEDERAL DEFENDANTS by 10/2/2026. (Attachments: # 1 Declaration of Alan E. Schoenfeld, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Schoenfeld, Alan) (Entered: 09/10/2026)	RECAP
25	Sept. 14, 2026	MOTION to Dismiss, MOTION for Summary Judgment by BRIAN CHRISTINE, ROBERT F. KENNEDY, JR, AMY L. MARGOLIS, OFFICE OF POPULATION AFFAIRS, OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Benson, Landen) (Entered: 09/14/2026) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER	RECAP
26	Oct. 9, 2026	Summary Judgment	RECAP
27	Oct. 9, 2026	Memorandum in opposition to motion	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Grant/Contract rescissions, Defunding or Other Threats against Private Entities

Key Dates

Filing Date: July 28, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Planned Parenthood Federation of America (PPFA), a nonprofit organization providing reproductive and sexual health care, education, and advocacy.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Assistant Secretary for Health

Department of Health and Human Services

Deputy Director of the Office of Population Affairs

Office of Population Affairs

Office of the Assistant Secretary for Health

Robert F. Kennedy, Jr.

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Spending/Appropriations Clauses

Other Dockets:

District of District of Columbia 1:26-cv-02656

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Reproductive rights:

Abortion

Birth control restrictions

Contraception

Funding

Reproductive health care (including birth control, abortion, and others)

Recommended Citation

Case Summary of Planned Parenthood Federation of America, Inc. v. U.S. Department of Health and Human Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48407/ (last updated 9/19/2026).