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Court pauses Judge Boasberg’s criminal contempt pursuit of Trump officials​

A federal appeals court paused Judge James Boasberg’s plans to have hearings next week to see if he should hold Homeland Security Secretary Kristi Noem in criminal contempt, with the judges saying they need more time to figure things out.

The three-judge panel voted 2-1 to issue a “stay” of the hearings, which were to begin Monday and go into Tuesday. They said it will last until they can more fully consider the issues.

It’s at least a temporary win for the Justice Department, which hours earlier had pleaded with the U.S. Circuit Court of Appeals for the District of Columbia to step in and shut down Judge Boasberg’s effort.

Justice Department lawyers said Judge Boasberg is upending the separation of powers between government branches with the hearings, which he called to get to the bottom of the events of March 15, when, despite the judge’s directives, Ms. Noem continued three deportation flights to El Salvador.

In addition to crossing constitutional lines, it also trods on attorney-client privilege, Tiberius Davis, another DOJ lawyer, told the U.S. Circuit Court of Appeals for the District of Columbia.

“This court must take action to stave off a looming and entirely unnecessary ‘constitutional confrontation’ between the Executive and Judicial Branches,” Mr. Davis wrote in his brief urging the appeals court to get involved.

Judge Boasberg had planned to hear from a fired Justice Department lawyer who turned whistleblower, and he has also said he wants to hear from a current Justice Department lawyer.

 

Appeals court allows Planned Parenthood defunding in ‘huge’ win for Trump administration​

Three-judge panel reverses Judge Talwani's rulings against defunding abortion clinics

Score one for the Trump administration in its bid to cut off federal funding to Planned Parenthood.

A three-judge panel of the 1st Circuit Court of Appeals ruled 3-0 that the abortion giant is unlikely to prevail in its legal challenge to the One Big Beautiful Act’s defunding provision, reversing two lower-court decisions by U.S. District Judge Indira Talwani.

“Because Appellees are unlikely to succeed on the merits of their claims, we vacate the district court’s July 21 and July 28, 2025, orders granting the preliminary injunctions and remand for further proceedings consistent with this opinion,” said Judge Gustavo Gelpi in his 41-page opinion released Friday by the Boston-based court.

The judges — all of whom are Biden appointees — rejected Planned Parenthood’s contention that Section 71113 of the OBBA represents an unconstitutional bill of attainder, referring to a legislative act that punishes a specific individual or entity, saying that “punishment” refers to retribution for a past action.

“In contrast, Section 71113 looks ahead,” said Judge Gelpi. “It imposes no fine or other penalty for past conduct. Instead, it establishes new conditions on the receipt of appropriated funds in service of a new policy goal favored by Congress.”

The provision in President Trump’s signature domestic-policy law prohibits federal Medicaid funds from flowing to nonprofit healthcare providers that offer abortions and received at least $800,000 in state and federal Medicaid reimbursements in fiscal year 2023.

That definition encompasses 37 of Planned Parenthood’s estimated 47 affiliates, as well as two healthcare providers unaffiliated with Planned Parenthood, prompting Judge Talwani to conclude that the measure singled out the organization without benefit of a trial in violation of the Constitution.

 
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