Federal judge rules Maine abortion clinic network can lose Medicaid funding

(OSV News) -- A federal judge in Maine declined on Aug. 25 to prevent the government from stripping Medicaid funding from a network of abortion providers in Maine, arguing that doing so would circumvent "the will of the people as expressed by Congress."

A provision in the "One Big Beautiful Bill Act," which President Donald Trump signed into law July 4, would strip funds to health providers who also perform abortions -- most notably, particular Planned Parenthood affiliates -- from receiving Medicaid payments for one year. Although it was not named in the provision, Planned Parenthood, the nation's largest abortion provider, sued in response, arguing the parameters for ending these funds effectively singled it out.

The same provision would also strip Maine Family Planning, a network of similar clinics in Maine, of these funds. In the course of its own lawsuit, Maine Family Planning's attorney argued it would be unfair to cut funding for its clinics "solely because Congress wanted to defund Planned Parenthood."

But U.S. District Judge Lance E. Walker for the District of Maine rejected this argument, ruling, "It would be a special kind of judicial hubris to declare that the public interest has been undermined by the public."

"Over the years, political winds have shifted and Plaintiff can only be understood as voluntarily standing its ground, from a corporate governance standpoint, despite the dramatically increased likelihood of defunding after (Dobbs v. Jackson Women's Health Organization)," Walker wrote. "Fair enough, but while its adherents may celebrate the firmness of its convictions, those convictions are not equal to the task of enjoining congressional will in this arena."

Maine Family Planning cast the ruling as a setback in a statement.

"This ruling is a devastating setback for Mainers who depend on us for basic primary care," George Hill, president and CEO of Maine Family Planning, said. "The loss of Medicaid funds -- which nearly half our patients rely on -- threatens our ability to provide life-saving services to communities across the state. Mainers' health should never be jeopardized by political decisions, and we will continue to fight for them."

Walker's ruling differed from a ruling in a separate lawsuit from Planned Parenthood from U.S. District Judge Indira Talwani in Boston, who ruled Planned Parenthood clinics nationwide must continue to be reimbursed for Medicaid funding, indefinitely blocking a provision in President Donald Trump's legislative agenda that would strip those funds for one year.

Legal scholars questioned the rationale of that ruling in comments to OSV News, with one describing it as "aggressive and broad."

Federal law generally prohibits the use of Medicaid funds for abortion. Supporters of allowing Planned Parenthood and similar abortion-providing entities to receive Medicaid funds argue that they provide cancer screening and prevention services -- such as pap tests and HPV vaccinations. But opponents argue the funds are fungible and could be used to facilitate abortion, and should be therefore blocked.

In a statement to OSV News, Bishop James T. Ruggieri of the Diocese of Portland, Maine -- the diocese covers the entire state -- said, "As Catholics, we affirm the dignity of every human life from the moment of conception to natural death."

"No one should be denied life-affirming health care because of poverty," he said. "At the same time, we must be clear that health care solutions should never be tied to abortion or support for abortion providers."

"This moment challenges us to broaden our vision," Bishop Ruggieri said. "While the federal government plays a role, are we relying too much on federal support to resolve local issues? Here in Maine, do we not have the responsibility -- and the opportunity -- to work together as churches, local charities, healthcare providers, and state leaders to be creative, so that low-income and middle-income families continue to receive preventive care and medical support?"

He said, "We need solutions that both safeguard the unborn and provide real healthcare for people, so that every life is protected and respected."