Activist Judge Indira Talwani Was Just Smacked Down by the First Circuit Court Again

Following the passage of President Trump’s “One Big Beautiful Bill,” US District Judge Indira Talwani almost immediately blocked a provision to defund Planned Parenthood. In her ruling, Judge Talwani said that defunding Planned Parenthood “burdens the exercise of Planned Parenthood Federation and its Members First Amendment rights of association and is thus subject to strict scrutiny review.”

That, of course, is unconstitutional nonsense. Congress controls the power of the purse, and has every right to defund any program it sees fit, including Planned Parenthood. Judge Talwani issued her ruling in July and the First Circuit Court of Appeals unanimously overturned her decision in September. 

“Notwithstanding the contrary conclusion reached by the district court after its careful consideration of the matter, we conclude that defendants have met their burden to show their entitlement to a stay of the preliminary injunctions pending the disposition of their appeals of the same,” that ruling said.

Of course, the pro-abortion Left didn’t stop there. States then sued over the provision and — once again — Judge Talwani ruled in favor of Planned Parenthood on December 2. Here’s what Politico reported at the time:

A federal judge has again blocked a provision Congress passed in July that stripped federal Medicaid funding from Planned Parenthood affiliates, ruling that the language likely places an unconstitutional burden on states to apply vague criteria about the scope of the ban.

Acting on a lawsuit filed in July by 22 Democratic-led states, U.S. District Judge Indira Talwani issued a preliminary injunction Tuesday prohibiting the Trump administration from requiring states to figure out which of their health care providers are covered by the ban and stop funding the non-abortion services the clinics provide to Medicaid patients.

Talwani said the Constitution requires Congress to be clear when imposing requirements related to federal funding, so state officials can decide whether to accept what amounts to a restriction on their usual authority.

Now Judge Talwani has been smacked down again.

The temporary administrative stay of the First Circuit’s order reads:

This is an appeal from an order granting a preliminary injunction on December 2, 2025, in the District Court for the District of Massachusetts. We have jurisdiction under 28 U.S.C.§ 1292(a). Defendant-Appellants have filed in this court a “Motion for Stay Pending Appeal and Administrative Stay” (the “Motion”). The Motion contains two requests; the sole request we address in this order is the request for an administrative stay. After careful review, we conclude that an administrative stay is appropriate. See United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring) (discussing considerations relevant to administrative stays). Accordingly, the request for an immediate administrative stay is granted. We intend to rule on the request for a stay pending appeal promptly.

The First Circuit is comprised of Obama and Biden-appointed judges, and even they understand how bad Talwani’s rulings are.

“It’s a flashing red warning that the judge has abandoned any pretense of neutrality and is simply legislating from the bench,” Duke wrote.

That’s the bare minimum. 

Yes, they should be held accountable. This judicial activism cannot stand.

Editor’s Note: Unelected federal judges are hijacking President Trump’s agenda and insulting the will of the people.

Help us expose out-of-control judges dead set on halting President Trump’s mandate for change. Join Townhall VIP and use promo code FIGHT to get 60% off your membership.

Following the passage of President Trump’s “One Big Beautiful Bill,” US District Judge Indira Talwani almost immediately blocked a provision to defund Planned Parenthood. In her ruling, Judge Talwani said that defunding Planned Parenthood “burdens the exercise of Planned Parenthood Federation and its Members First Amendment rights of association and is thus subject to strict scrutiny review.”

That, of course, is unconstitutional nonsense. Congress controls the power of the purse, and has every right to defund any program it sees fit, including Planned Parenthood. Judge Talwani issued her ruling in July and the First Circuit Court of Appeals unanimously overturned her decision in September. 

“Notwithstanding the contrary conclusion reached by the district court after its careful consideration of the matter, we conclude that defendants have met their burden to show their entitlement to a stay of the preliminary injunctions pending the disposition of their appeals of the same,” that ruling said.

Of course, the pro-abortion Left didn’t stop there. States then sued over the provision and — once again — Judge Talwani ruled in favor of Planned Parenthood on December 2. Here’s what Politico reported at the time:

A federal judge has again blocked a provision Congress passed in July that stripped federal Medicaid funding from Planned Parenthood affiliates, ruling that the language likely places an unconstitutional burden on states to apply vague criteria about the scope of the ban.

Acting on a lawsuit filed in July by 22 Democratic-led states, U.S. District Judge Indira Talwani issued a preliminary injunction Tuesday prohibiting the Trump administration from requiring states to figure out which of their health care providers are covered by the ban and stop funding the non-abortion services the clinics provide to Medicaid patients.

Talwani said the Constitution requires Congress to be clear when imposing requirements related to federal funding, so state officials can decide whether to accept what amounts to a restriction on their usual authority.

Now Judge Talwani has been smacked down again.

The temporary administrative stay of the First Circuit’s order reads:

This is an appeal from an order granting a preliminary injunction on December 2, 2025, in the District Court for the District of Massachusetts. We have jurisdiction under 28 U.S.C.§ 1292(a). Defendant-Appellants have filed in this court a “Motion for Stay Pending Appeal and Administrative Stay” (the “Motion”). The Motion contains two requests; the sole request we address in this order is the request for an administrative stay. After careful review, we conclude that an administrative stay is appropriate. See United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring) (discussing considerations relevant to administrative stays). Accordingly, the request for an immediate administrative stay is granted. We intend to rule on the request for a stay pending appeal promptly.

The First Circuit is comprised of Obama and Biden-appointed judges, and even they understand how bad Talwani’s rulings are.

“It’s a flashing red warning that the judge has abandoned any pretense of neutrality and is simply legislating from the bench,” Duke wrote.

That’s the bare minimum. 

Yes, they should be held accountable. This judicial activism cannot stand.

Editor’s Note: Unelected federal judges are hijacking President Trump’s agenda and insulting the will of the people.

Help us expose out-of-control judges dead set on halting President Trump’s mandate for change. Join Townhall VIP and use promo code FIGHT to get 60% off your membership.