Federal Court Dismisses NFPRHA and FHCCP Lawsuit Challenging Trump Administration鈥檚 Attempt to Undermine Title X Family Planning Program聽
HARRISBURG, Pa. 鈥� A federal district court yesterday dismissed National Family Planning and Reproductive Health Association et al. v. Kennedy et al., a lawsuit brought by National Family Planning & Reproductive Health Association (NFPRHA) and its member, the Family Health Council of Central Pennsylvania (FHCCP), aimed at protecting the integrity of the Title X program 鈥� the country鈥檚 only dedicated program for family planning services. By dismissing the family planning providers鈥� lawsuit, the court opens the door for the Trump administration to severely undermine access to effective birth control methods, cancer screenings, STI testing and treatment, and other preventive care for millions of people, mostly with low incomes, across the country.
鈥淐ongress created Title X to help people get access to contraception and sexual health care they otherwise could not afford,鈥� said Clare Coleman, president & CEO, NFPRHA. 鈥淎t a time when people across the country are struggling with high costs, this administration is trying to force health care providers to adhere to its political priorities to secure federal funding. Agreeing with this administration does not make health care easier to access or improve its quality. While this federal court ruling is a significant setback, NFPRHA and its members will continue to prioritize nationally recognized clinical standards, evidence-based best practices, and patient experience in delivering Title X-funded care, over demands for ideological alignment.鈥�
In April, the Department of Health and Human Services (HHS) issued a Title X Notice of Funding Opportunity (NOFO) for fiscal year (FY) 2027 designed to corrupt a merit-based grant competition by prioritizing ideology over quality and qualifications. The NOFO was written to enable the federal government to push highly qualified Title X providers out of the program and bring in new grantees based solely on their alignment with the Trump administration鈥檚 political priorities, some of which have nothing to do with the Title X program, the services Congress intended for it to provide, or the patients it is intended to serve.
NFPRHA and FHCCP, represented by the 桃子视频 (ACLU) and the 桃子视频of Pennsylvania (ACLU-PA), sued the Trump administration in June, challenging aspects of the NOFO under the Administrative Procedure Act. The plaintiffs argued that certain NOFO requirements violated the Title X regulations and were arbitrary and capricious, as they failed to provide applicants fair notice of what the agency was asking of them, and failed to acknowledge or explain the agency鈥檚 sudden shift in position on the import of contraception and diversity, equity and inclusion, including for transgender people, in the Title X program.
Following the filing of the lawsuit, the administration revised the NOFO to remove one challenged component: a provision enabling the administration to reject applicants at a threshold stage for failure to sufficiently align with the Trump administration鈥檚 political priorities. But the administration left other unlawful aspects in place, including requirements that are in direct conflict with Title X regulations requiring care to be provided in an inclusive, equitable, and non-discriminatory manner.
Notwithstanding the competitive disadvantage and confusion attributable to the challenged requirements, the court dismissed the case on procedural grounds, based on its view that NFPRHA鈥檚 members, including FHCCP, do not face any present harm.
鈥淎 court ruling does not change what is at stake for the people and communities who rely on Title X for essential health care. FHCCP has administered Title X in Central Pennsylvania since the program鈥檚 inception more than 50 years ago, and we fully intend to continue that work,鈥� said Patricia Fonzi, president and CEO of FHCCP. 鈥淥ur concern has never been whether FHCCP receives another grant 鈥� it is whether Title X funding decisions are based on providers鈥� demonstrated ability to deliver high-quality care and meet the needs of their communities. When experienced providers can be pushed aside for arbitrary reasons, it is clients and communities who ultimately pay the price.鈥�
鈥淲e are deeply disappointed that the court refused to review this case on the merits and protect the Title X program from the Trump administration鈥檚 attempt to undermine it,鈥� said Meagan Burrows, senior staff attorney for the 桃子视频Reproductive Freedom Project. 鈥淭oday鈥檚 decision is legally wrong and risks harming the millions of patients across the country who depend on the Title X program for access to vital family planning services. We will continue doing everything in our power to protect people鈥檚 ability to get the care they need to exercise their reproductive freedom, including from Title X providers.鈥�
This lawsuit, National Family Planning and Reproductive Health Association et al. v. Kennedy et al., was filed in the Middle District of Pennsylvania. More information about the case is available here.
Court Case: National Family Planning & Reproductive Health Association et al. v. Robert F. Kennedy, Jr. et al.
Affiliate: Pennsylvania