Judge dismisses challenge to Title X grant rules that disadvantage abortion providers

A federal judge has dismissed a lawsuit challenging the Trump administration’s decision to bar family planning groups that provide abortions from competing for Title X grants, ruling the case was not yet ripe for judicial review.

U.S. District Judge Jennifer P. Wilson dismissed the case without prejudice Sept. 17, finding the plaintiffs’ claim that they had a “competitive disadvantage” in the grant process wasn’t a concrete enough harm since the criteria apply equally to every applicant. 

“That is not a real and immediate harm; it is an inherent feature of competitive grant programs,” Wilson wrote. “In any grant competition, the criteria for selecting awardees are going to favor some applicants and disfavor others. That is the point of a competitive process.”

The National Family Planning & Reproductive Health Association (NFPRHA) and the Family Health Council of Central Pennsylvania sued Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. and other officials in June, challenging the criteria HHS set for awarding fiscal year 2027 Title X grants in an April funding notice issued by its Office of Population Affairs.

The family planning association has members that work with Planned Parenthood and other abortion-promoting organizations, according to a post from Influence Watch. Its current president and CEO, Clare Coleman, previously led Planned Parenthood Mid-Hudson Valley.

The plaintiffs, represented by the ACLU, argued the notice’s scoring system, which awards up to 35 of 100 possible points based on “alignment with agency priorities,” let HHS reward applicants for opposing abortion, diversity programs, and “gender ideology” instead of judging them on the family-planning services Congress authorized Title X to fund.

The notice lists 10 agency priorities recipients must align with, including to “end diversity, equity, and inclusion (DEI) policies and practices,” “enforce the Hyde Amendment” — which generally bars federal funding for abortion — and “protect parental rights to direct the religious upbringing of their children.” It also directs recipients to show their projects “contribute to broader HHS efforts to safeguard life-affirming, lawful, and ethical program delivery.” Federal law has barred Title X funds from being used “in programs where abortion is a method of family planning” since 1970, under Section 1008 of the Public Health Service Act.

In their complaint, the plaintiffs argued the funding notice “subverts the integrity of the Title X grant application process” and lets HHS “hijack” the program to reward applicants who share the administration’s “political agenda” rather than judging them on the services Congress required Title X to fund.

The dismissal leaves HHS’s funding priorities in place heading into the 2027 grant cycle, though Wilson said the plaintiffs could refile if the dispute results in demonstrable harm, such as an applicant being penalized under the priorities. 

The ACLU, which represented the plaintiffs, criticized the ruling. 

“We are deeply disappointed that the court refused to review this case on the merits and protect the Title X program from the Trump administration’s attempt to undermine it,” said Meagan Burrows, senior staff attorney with the ACLU’s Reproductive Freedom Project. “Today’s decision is legally wrong and risks harming millions of patients across the country who depend on the Title X program for access to vital family planning services.”

No pro-life reaction to the ruling was available, but advocates defended the underlying funding priorities when the suit was first filed. Kelsey Hazzard, president of Secular Pro-Life, pointed out that community health centers have historically been unable to compete for these funding opportunities because abortion providers like Planned Parenthood have received the grants. 

“With so many more locations,” Hazzard said, “FQHCs and health departments are in a better position to help a greater number of people access contraception. But they’ve barely gotten an opportunity to show it, because Planned Parenthood has historically gotten the money, and keeps suing to claim entitlement to FQHC and health department family planning funds.”