Attorney General Nessel Files Motion for Preliminary Injunction to Block Trump Administration from Defunding Planned Parenthood and Other Health Centers

LANSING — As part of a coalition of 22 attorneys general and the State of Pennsylvania, Michigan Attorney General Dana Nessel filed a motion for a preliminary injunction to block the Trump Administration from enforcing the “Defund Provision” within the recently enacted federal budget bill (“Big Beautiful Bill”). The Defund Provision purports to exclude certain health centers, including Planned Parenthood health centers, from receiving federal Medicaid reimbursements for any type of healthcare service. Among other things, these centers provide essential healthcare services to low-income patients, such as cancer screenings, testing and treatment of sexually transmitted infections (STIs), and birth control. After filing suit over the Defund Provision on July 29, 2025, the coalition is now asking the U.S. District Court for the District of Massachusetts to grant its motion for a preliminary injunction. In a related lawsuit, Planned Parenthood Federation of America, Inc. v. Kennedy, the U.S. Court of Appeals for the First Circuit issued an unpublished order (PDF) on September 11, 2025, granting the Trump Administration’s request to allow the Defund Provision to go into effect.

“As we have seen time and again, the Trump Administration is unlawfully chipping away at Americans’ rights and resources – this time the right to choose your own healthcare provider,” Nessel said. “In Michigan, we already face dangerous maternal healthcare deserts, particularly in the Upper Peninsula and Northern Michigan, where women struggle to access essential preventive care. Stripping away federal funding from trusted providers like Planned Parenthood will only deepen these disparities and further strain our medical system. I will continue to fight to ensure that Michigan residents have access to trusted providers who deliver their care without political interference.”

The coalition’s lawsuit alleges that the Defund Provision violates the U.S. Constitution’s Spending Clause due to the lack of clear notice and the inclusion of unconstitutional provisions. Specifically, while it is clear that Planned Parenthood health centers are the intended target of the Defund Provision, Congress (1) failed to adequately define the criteria that qualify a provider as a “prohibited entity,” and (2) created confusion regarding the timing of the prohibition on federal reimbursements to such entities. Moreover, the Defund Provision constitutes a change that the States could not have anticipated when joining Medicaid. Throughout the sixty-year history of Medicaid, States — not the federal government — have determined whether providers “qualify” for the Medicaid program.

In its motion for a preliminary injunction, the coalition underscores that:

• The Defund Provision’s ambiguity has resulted in the States having to field questions from providers and draft guidance to try to address the ambiguities.
• The Defund Provision will also result in significant increases in the States’ healthcare expenses. For example, Medicaid patients’ inability to obtain care from Planned Parenthood will result in later diagnosis of breast and cervical cancer, treatment for which is much more expensive than screenings and early or preventative treatment. Further, Planned Parenthood treats a high volume of patients, and other healthcare centers not impacted by the Defund Provision may not be able to absorb the influx of patients.

In filing the motion for a preliminary injunction, Attorney General Nessel joins the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, as well as the State of Pennsylvania.

A copy of the motion for a preliminary injunction can be found here (PDF). In support of its motion for a preliminary injunction, the coalition also submitted a declaration (PDF) from Megan L. Kavanaugh, Principal Research Scientist at the Guttmacher Institute.

###