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HHS May Have had No Choice but to Restore Planned Parenthood Funding

HHS May Have had No Choice but to Restore Planned Parenthood Funding

Is it a blessing in disguise? Maybe.

It shocked me to hear that HHS restored funding to Planned Parenthood, causing the ACLU to drop its lawsuit against the Trump administration.

The ACLU sued the administration in April after HHS paused $27.5 million in funding.

“When the Trump administration withheld critical Title X family planning funding, it blatantly violated federal law and left hundreds of sites unable to provide Title X-funded services,” said Brigitte Amiri, deputy director of the Reproductive Freedom Project at the ACLU. “Fortunately, those Title X grants have been restored to NFPRHA’s members. But we know that the Trump administration will continue to attack reproductive freedom, and the ACLU will be ready to use every lever we have to fight those attacks and defend the Title X program.”

Title X is a federal grant program dedicated to family planning.

So why would HHS do this?

The Daily Signal discovered one possible reason: a code needs to be amended:

But the agency may have had no choice but to restore funding, according to Tom McClusky, a veteran pro-life operative and director of government affairs at CatholicVote.

The agency withheld the funds before amending 42 U.S. Code Part 300, a rule which governs family planning grants.

“They were virtually certain to lose the lawsuit, forcing them to repay the full amount plus interest and cover attorneys’ fees,” McClusky told The Daily Signal.

“Even worse, continuing the litigation would have entangled any future funding cuts—which are highly likely under the new regulations—in prolonged court battles before an unsympathetic judge.”

McClusky said the administration wouldn’t be in this pickle if it had just restored the Protect Life Rule.

The Protect Life Rule forbade clinics receiving Title X funds from referring patients for abortions.

Of course, the Biden administration squashed that rule.

A former senior Trump official told the publication that the decision put the Trump administration in a better position to defund Planned Parenthood:

“HHS was caught in a tough spot because the judge was almost certainly going to rule against them and they would have had to restore the funding under Biden era rules, possibly with interest and attorneys fees on top for Planned Parenthood,” the former official said.

“With the case dismissed, the administration has far greater ability to cut Planned Parenthood funds under Trump era rules and that will be the true test of the president’s promise to end taxpayer funding of the abortion industry.”

Ethics and Public Policy Center family policy scholar Patrick Brown believes Planned Parenthood would have had a stronger case if HHS hadn’t restored the funding: “Planned Parenthood would have had a much stronger legal case. And the concern there is, not only would they win this one, but it could make future litigation harder to win.”

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Comments

Just goes to prove that it is hard to keep those who want to kill babies from doing so. Change the rule and then cut the funds. Tax payers are funding the killing of babies. God knows each one of these baby killers. The mothers choosing this can be forgiven.

This is insane. I may sit this election out, the GOP are losers.

GOP are not in the habit of winning so it will take time for them to learn. Sitting out is losing so don’t do it.

Just because the graft is a target rich environment doesn’t mean every shot will take down a devil.

The devil is on defense and losing ground. Don’t stop.

Antifundamentalist | January 16, 2026 at 10:04 am

The more I see of the waste, fraud, and abuse in government spending, the more I am beginning to feel that the Federal Government needs to get out of the business of funding anything other than the direct costs of running the federal government’s specific Constitutional obligation. Even that needs to be closely scrutinized. For the rest of it, if a State wants funding for something, then it should fund the project itself.
There would be much wailing, gnashing of teeth, and perhaps some sackcloth and ashes – but in the end, the nation as a whole would be better off.

destroycommunism | January 16, 2026 at 10:48 am

socialism is in the lead so its no surprise

americas time is NOT up, unless we continuously allow the radicalization of the children which feeds into the msm ( and that includes hollywood and their messages of warm collectivism)

the uk is always an example for us as africa etc is to the left…thats a cultural issue

so americas left tries to hide their racism through the warmness of communism and we are paying the ultimate price as freedom loving humans,,,, and that affects all cultures that have people in them who want o be free

the solutions are here
we lack the courage

the gop is a cesspool of mixed messages when it comes to our,,thats our, finances

do tax payers fund the nra or gun owners of america?

destroycommunism | January 16, 2026 at 10:53 am

I want to repat this post on this article also:

the welfare state is all encompassing and all evil all the time

it takes no rests to enjoy life in the way that a pro human would

so thats why until we start out at the small..lower levels of county city politics and take back the money and that must be stressed

it must be the patriotic fiscal conservatives that say no to publicly funding the schools…until then

we are also voting en bloc with the left to destroy america

For those black-pilling about “dumb Republicans” and such, how about focusing your ire on Congress? Get those turkeys to start repealing things. Get them to start shutting down agencies and programs. Primary them. Force them to run on Constitutional principles by convincing your neighbors.

Until the people enforce the Constitution, don’t expect anyone in power to do so.

I still say Trump needs to convene a council of the most extreme textual Constitutionalists around, have them sit down and analyze (one agency at a time) EVERY SINGLE law against the bevy of regulations written ‘for’ the laws. Then they need to advise just how much can be cut on the regulation side. If the law doesn’t require a specific regulation, then cut it. And by require, I mean, “the agency shall promulgate regulations to set a national cap on unobtainium at 4 parts per million” could have some regulations. But “the agency shall promulgate regulations to set a national cap on unobtainium” should have a regulation that sets it infinity. Make Congress do their jobs.

The Gentle Grizzly | January 16, 2026 at 11:18 am

Why is the federal government funding family planning in the first place?

    destroycommunism in reply to The Gentle Grizzly. | January 16, 2026 at 11:23 am

    b/c they *f.k* everybody

    Lucifer Morningstar in reply to The Gentle Grizzly. | January 16, 2026 at 11:54 am

    Same reason they pay women to have babies (WIC). Same reason they pay people to buy food (EBT). Same reason they pay people for housing (Sect. 8). Because they can and it keeps the people dependent upon government largess. That is all.

    eot

    My thoughts exactly. I don’t think I qualify for any federal program with the exception of social security and medicare which I paid into. To government I’m just a cash cow to be milked until I drop dead and then they’ll r^p^ anything left with taxes.

      gibbie in reply to ztakddot. | January 16, 2026 at 5:09 pm

      Via Grok:

      Medicare Part B (medical insurance for doctor visits, outpatient care, etc.) is heavily subsidized. Beneficiary premiums cover only about 25% of the costs, while the federal government pays the remaining ~75% through general revenues.

      MajorWood in reply to ztakddot. | January 17, 2026 at 11:12 pm

      That is the high cost of possessing a soul.

      MajorWood in reply to ztakddot. | January 17, 2026 at 11:31 pm

      Not sure where the numbers stand these days but at one time .gov liked smokers because they a) paid lots of sin taxes and b) died early on in the benefits collecting phase of life. They hate responsible people who stay away from heavily taxed activities and live well past retirement. I amsure that “cutting overhead costs” was one of the justifications for unleashing wuflu.

Lucifer Morningstar | January 16, 2026 at 12:48 pm

42 U.S. Code Part 300(a) Authority of Secretary
The Secretary is authorized to make grants to and enter into contracts with public or nonprofit private entities to assist in the establishment and operation of voluntary family planning projects which shall offer a broad range of acceptable and effective family planning methods and services (including natural family planning methods, infertility services, and services for adolescents). To the extent practical, entities which receive grants or contracts under this subsection shall encourage familiy (sic)[1] participation in projects assisted under this subsection.

Not really sure how 42 U.S. Code Part 300 ties the hands of the Trump administration and forces them to restore funding to Planned Parenthood. Yeah, it says the Secretary is “authorized to make grants to and enter into contracts with public or nonprofit private entities . . . “but it doesn’t explicitly say that the Secretary must do so or must give specific organizations these grants and contracts. So where in the heck does it state that Planned Parenthood has a right to receive these grants and contracts as I’m not finding it anywhere in 42 U.S. Code §300.

Source:
42 U.S. Code § 300 – Project grants and contracts for family planning services

    “The agency withheld the funds before amending 42 U.S. Code Part 300, a rule which governs family planning grants.”

    I read this as saying they did it, but did it in the wrong order. So are you sure you’re not reading the post-amendment version, which doesn’t figure in the lawsuit?

    Have a look at the “notes” tab. Either this hasn’t been updated recently, or there are a lot of Biden executive orders that Trump hasn’t yet revoked.

Even here, there is a catch-22. The left didn’t get a win.

E Howard Hunt | January 16, 2026 at 1:38 pm

If you need Planned Parenthood then you haven’t got a plan.