AG Brown sues Trump administration for blocking Planned Parenthood from receiving Medicaid funding

SEATTLE — Attorney General Nick Brown today joined a coalition of 24 states in suing the Trump Administration over a provision in recent Congressional budget legislation that unlawfully targets Planned Parenthood.

The provision specifically blocks Medicaid reimbursements for healthcare services obtained at Planned Parenthood health centers, including cancer screenings, birth control, and testing and treatment for sexually transmitted infections. The coalition asserts this defunding is a direct attack on the healthcare access of millions of low-income Americans who rely on Medicaid for these services. Indeed, nearly half of Planned Parenthood patients in Washington rely on Medicaid to access this care.

The states ask the court to prevent the Trump administration from implementing this devastating and illegal provision, which will lead to widespread disruptions in essential health care and increased healthcare costs if allowed to stand. The states, which are responsible for administering claims for Medicaid reimbursement, oppose Congress’s attempt to conscript them into enforcing its unlawful targeting of Planned Parenthood health centers.

“The broad attempt to cut Washingtonians’ access to Planned Parenthood means more unscreened cancers, more untreated sexually transmitted diseases, and more unintended pregnancies,” Brown said. “The Trump Administration’s punitive actions will have real ramifications for Washingtonians. While the governor has agreed to make state funding available to cover any lost federal funds to Planned Parenthood, these are precious state funds that Washington should not have to divert. My office will do everything it can to stop this unlawful stripping of Medicaid funding.”

The lawsuit is a result of sweeping legislation on taxes and the budget passed by Congress under pressure from the president earlier this month. Defunding Planned Parenthood threatens at least 200 health centers nationwide, affecting healthcare for more than 1.1 million people, many of whom are unlikely to be able to receive care elsewhere. The cuts would affect 30 Planned Parenthood health care clinics across Washington state where nearly half of the patients use Medicaid to access needed healthcare services. The federal government’s action threatens to strip $11.8 million from Washington State.

Despite claims by some lawmakers that other healthcare centers can absorb patients, research center findings indicate some of the alternative medical locations do not have the capacity to serve the number of people who currently rely on Planned Parenthood for their healthcare.

Planned Parenthood filed a separate lawsuit against the Trump administration that also challenged the prohibited Medicaid reimbursements. But last week, following the expiration of a temporary restraining, most Planned Parenthood clinics nationwide became cut off from Medicaid funding. Yesterday, the court granted Planned Parenthood’s injunction in full, concluding that the budgetary provision violates the First Amendment and Equal Protection clause as well as the prohibition on Bills of Attainder in the U.S. Constitution.

In today’s filing, the coalition of state attorneys general argue that the budget provision is ambiguous and violates Congress’ Spending Clause power. They urge the court to enjoin the Trump Administration from implementing the provision in order to prevent the tremendous harm this will have on public health and welfare of their states, as well as the increased costs to the states.

Joining Brown in filing this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Wisconsin, as well as the governor of Pennsylvania.

A copy of the lawsuit is available here. 

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