Thursday, September 11, 2025

The dumbest restraining order in legal history

Hot Air: "Appeals Court Overrules Judge Talwani: Planned Parenthood's Funding Can Be Cut."

We've covered this before but this was a judge who declared that budgetary legislation passed by Congress could not cut funding to Planned Parenthood.  As a legal matter, this had already been decided by the Supreme Court.  The injunction was a complete mess:
Judge Indira Talwani has delivered what may be one of the most questionable judicial decisions in recent memory—and that’s saying something given the current judicial climate. Her handling of the Planned Parenthood funding case is a textbook case of judicial overreach...

Let’s start with the obvious: Planned Parenthood has no constitutional right to taxpayer funding. None. Yet Talwani attempted an elaborate workaround, invoking the “unconstitutional conditions doctrine” to argue that funding restrictions violated Planned Parenthood’s freedom of association.

This argument falls apart under scrutiny. Talwani cited no precedent supporting her theory that similar funding conditions violate associational rights. That’s because there isn’t any.
This is an Obama judge in Massachusetts, just making up legal arguments from whole cloth.  The Appeals court slapped it down as "flimsy" which was probably kind.

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