Senate Majority Whip John Barrasso (R-WY) delivered a forceful rebuke Thursday morning from the Senate floor, accusing Democrats of weaponizing the judiciary after an Obama-appointed federal judge temporarily blocked newly passed legislation defunding Planned Parenthood through Medicaid.
Chastising what he called “radicals in robes,” Barrasso condemned U.S. District Judge Indira Talwani’s swift Temporary Restraining Order (TRO), issued just hours after Planned Parenthood filed a lawsuit to stop implementation. The measure, part of President Donald Trump’s signature “Big, Beautiful Bill,” was signed into law on July 4 and cut off taxpayer funding to abortion providers for one year through the budget reconciliation process.
“Enough is enough. It’s time to rein in rogue judges.”
In remarks first obtained by Breitbart News, Barrasso accused Talwani of partisan judicial activism, pointing out that she offered no legal opinion or written justification for blocking a duly enacted law passed by Congress and signed by the president.
“One judge in one district – trying to dictate and derail national policy,” Barrasso said. “This is another example of radicals in robes undermining the elected branches of government.”
He emphasized that more than 40 nationwide injunctions have been filed against the Trump administration so far — nearly three times more than the number filed during President Biden’s entire term — with 35 of them issued by courts in left-leaning states or D.C.
Barrasso: Democrats Use Courts When They Lose in Congress
Barrasso criticized Democrats for repeatedly turning to the courts when they fail legislatively, especially in the area of abortion policy.
“Every Democrat in this chamber voted against our historic legislation,” he said. “So, once again, they turned to the courts to do what they could not in Congress.”
The legislation in question bars federal Medicaid funding from going to any organization that performs abortions and meets a specific financial and operational threshold — a provision that implicitly targets Planned Parenthood, the largest abortion provider in the country. While the Hyde Amendment already prohibits direct funding for abortions (with limited exceptions), Republicans argue that any federal support for abortion providers is unacceptable.
Planned Parenthood’s lawsuit claims the law unfairly singles them out, despite the bill not naming the organization explicitly. The group also warns the funding cutoff could result in nearly 200 clinic closures nationwide.
Calls to Impeach Judge Talwani
The backlash from conservatives has been swift and intense. Senator Mike Lee (R-UT) suggested the House should explore articles of impeachment against Judge Talwani, calling her order an “abuse of judicial power.”
Representative Mary Miller (R-IL) joined the criticism, declaring: “An unelected judge has no authority to override the will of 77 MILLION Americans who voted to defund Planned Parenthood… This abuse of power must be stopped.”
Judicial Reform Bills on the Table
Barrasso renewed his push for the Judicial Relief Clarification Act, a Republican-led bill that would limit the ability of district judges to issue nationwide injunctions, a practice he says is deeply damaging to the separation of powers.
He also praised the Supreme Court for taking steps to curb this trend, noting that the Court has overturned eleven lower court injunctions against Trump administration policies since January, including an 8-1 decision this week in Trump v. American Federation of Government Employees.
Even liberal Justice Elena Kagan, Barrasso noted, has questioned the validity of such sweeping judicial blocks, stating in 2022 that “it just can’t be right that one district judge can stop a nationwide policy in its tracks.”
Trump Administration’s First Judicial Nominee of Term Two
Barrasso’s speech came on the same day the Senate began considering President Trump’s first appellate court nominee of his second term — Whitney Hermandorfer, tapped to serve on the U.S. Court of Appeals for the Sixth Circuit. Barrasso urged the Senate to swiftly confirm judges who “apply the law as written,” not those who “legislate from the bench.”
Ongoing Legal Battle
The lawsuit, Planned Parenthood Federation of America v. Robert F. Kennedy Jr., No. 1:25-cv-11913, is pending in the U.S. District Court for the District of Massachusetts. Judge Talwani’s restraining order is temporary, blocking enforcement of the law for 14 days while the court considers broader arguments.
The case marks another pivotal battle in the long-running political and legal war over abortion funding — a war that Republicans now say is not only a matter of life and death, but of constitutional order itself.
“The Constitution is clear,” Barrasso concluded. “Congress controls federal spending. The power of the purse belongs to Congress. It does not belong to unelected district court judges with a gavel and a grudge.”
READ NEXT: Federal Judge Temporarily Blocks Trump Administration’s Medicaid Ban On Planned Parenthood
How does a judge get the nerve to block Congressional legislation? All future appointees must sign an agreement stating that, if they overstep their authority, they will be subject to removal.
Quite plainly not in the judiciary lane. Time to ignore. The Supreme Court is not acting fast enough.
Here is what should happen.
1. The Appeals Court should immediately rescind Talwani’s TRO.
2. The case should be reassigned.
3. She should be impeached by Congress.
4. The Bar should bring her up on ethics charges and consider revoking her license to practice law.