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FOR IMMEDIATE RELEASE: December 3, 2025 |
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"Unlawfully defunding the health clinics that Michiganders rely on – especially those living in Northern Michigan’s healthcare deserts – would have left residents without access to essential care,” Nessel said. “I am relieved that the Court saw the Trump Administration’s effort for what it was: another illegal political tactic aimed at undermining the healthcare people need. I will continue to fight back against such actions that harm our state.”
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The States are likely to succeed on the merits. The Court held that the Defund Provision likely fails to provide clear notice of the full scope of providers that qualify as “prohibited entities,” as required by the Spending Clause of the U.S Constitution. In addition, the Court held that the Defund Provision likely acts as an unlawful retroactive condition because it constitutes a change that the States could not have anticipated when joining Medicaid.
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The Defund Provision would result in irreparable harm to the States if allowed to stay in effect.
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The balance of equities and the public interest weighs in favor of the States.
On September 11, 2025, the U.S. Court of Appeals for the First Circuit, in related lawsuit Planned Parenthood Federation of America, Inc. v. Kennedy, granted the Trump Administration’s request to stay a different district court order that prevented the Defund Provision from taking effect. The First Circuit’s order allows the Defund Provision to take effect while the appeal in that case proceeds.
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