Justice Dept. joins Texas suit against Planned Parenthood days after a Democrat wins AG

The U.S. Justice Department has told a federal court it will intervene in Texas' lawsuit against Planned Parenthood over about $10 million in Medicaid payments. The notice came days after Democrat Nathan Johnson was elected Texas attorney general ¹. Reuters reported that the department filed its motion to join the case on Friday night, Nov. 6 ².

Outgoing Republican Attorney General Ken Paxton championed the case. He lost his race for the U.S. Senate last week ¹². The federal move would give Washington a direct role in a case that the state's next top lawyer might otherwise have dropped ³.

On tapeCBS19 · Nov 10

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What the lawsuit claims

An anonymous plaintiff filed the case in 2021, and Texas joined it in 2022 ¹². It says Planned Parenthood broke the federal False Claims Act, a law that lets the government recover money paid out on improper bills. The claim is that the group kept billing the Texas and Louisiana Medicaid programs after those states moved to cut it off, and did not pay the money back once the cutoffs took effect ². Medicaid is the joint federal-state health program for people with low incomes.

Texas' Health and Human Services inspector general dropped Planned Parenthood from the state Medicaid program in December 2016. Under the state's timeline, the group became ineligible for payments on Feb. 1, 2017. It received roughly $10 million in Medicaid payments from February 2017 through March 12, 2021, while its eligibility was being fought over in federal court ⁴.

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Those payments were for cancer screenings, birth control and other health services, not abortions. Abortions do not receive public funds ⁵. Texas is now seeking more than $1.8 billion in reimbursement, penalties and fees ¹.

When Paxton first sued in January 2022, he said, "It is unthinkable that Planned Parenthood would continue to take advantage of funding" it was not entitled to keep ⁴.

On tapeKPRC 2 Click2Houston · Nov 9

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I will not allow them to benefit from this abhorrent conduct

Planned Parenthood says it billed legally

Planned Parenthood says it was legal to bill the states while courts had paused their cutoff decisions. The national group also argues it cannot be held liable because it was only giving legal advice to its local affiliates ². It has called the lawsuit "meritless" ¹ and has said it would have to shut down in Texas if it loses ².

Susan Baker Manning, a senior vice president at Planned Parenthood Federation of America, said the Trump administration has spent two years trying to shut the group down through legislation, regulations and lawsuits ¹.

Now, they are going to use the Department of Justice to try again.

The fight over Planned Parenthood's Medicaid money started in 2015. That year, Republicans across the country moved to defund the group after anti-abortion activists released secretly recorded, heavily edited videos. Thirteen states investigated the videos and filed no criminal charges, and Planned Parenthood denies any wrongdoing ⁵.

A Trump-appointed judge and a 2027 trial

U.S. District Judge Matthew Kacsmaryk, a Trump appointee, is hearing the case. Both sides have jointly proposed a trial starting in April 2027 ¹. In August, the 5th U.S. Circuit Court of Appeals ruled unanimously that Planned Parenthood had appealed too early when it challenged a 2023 decision denying the national group immunity. That ruling let the case resume after a pause of nearly three years ².

Johnson has not said what he will do with the case once he takes office. In a Sunday statement, he said his office was reviewing the Justice Department's move ¹.

We are reviewing this action closely, including what it means for Texans and what the law allows,

When I take office as Attorney General, I will take appropriate action in the interests of my state.

Why the timing matters

Texas voters elected a Democrat to run the attorney general's office, and within days the federal government moved into the case ¹². If the Justice Department becomes a party, the case would no longer depend only on Texas. That would limit how much the new attorney general can do on his own.

That matters well beyond abortion. The money in question paid for cancer screenings and birth control for low-income patients ⁵. A penalty in the billions could close clinics that many women, including older women on Medicaid, have used for routine care ¹²⁵. And the case is a reminder that winning an election does not automatically end a lawsuit that a defeated official started.

The Record

1. Feb 1, 2017Texas says Planned Parenthood became ineligible for state Medicaid payments, after the state dropped it from the program in December 2016 ⁴.
2. Mar 12, 2021Planned Parenthood's roughly $10 million in Medicaid payments, received since February 2017 while its eligibility was fought over in court, ends ⁴.
3. Jan 13, 2022Texas Attorney General Ken Paxton sues Planned Parenthood to recover the Medicaid payments ⁴⁵.
4. Nov 6, 2026The Justice Department files a motion to join the Texas lawsuit, days after Democrat Nathan Johnson wins the attorney general race ²¹.
5. Nov 8, 2026Johnson says he is reviewing the federal move and will 'take appropriate action' when he takes office ¹.

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<h2>Justice Dept. joins Texas suit against Planned Parenthood days after a Democrat wins AG</h2> <p><em>By The GOP Files National Desk. This article first appeared on <a href="https://thegopfiles.com/story/justice-dept-joins-texas-suit-against-planned-parenthood-days-after-a-democrat-wins">The GOP Files</a> on Tuesday, November 10, 2026.</em></p> <p>The U.S. Justice Department has told a federal court it will intervene in Texas&#39; lawsuit against Planned Parenthood over about $10 million in Medicaid payments. The notice came days after Democrat Nathan Johnson was elected Texas attorney general . Reuters reported that the department filed its motion to join the case on Friday night, Nov. 6 .</p> <p>Outgoing Republican Attorney General Ken Paxton championed the case. He lost his race for the U.S. Senate last week . The federal move would give Washington a direct role in a case that the state&#39;s next top lawyer might otherwise have dropped .</p> <h2>What the lawsuit claims</h2> <p>An anonymous plaintiff filed the case in 2021, and Texas joined it in 2022 . It says Planned Parenthood broke the federal False Claims Act, a law that lets the government recover money paid out on improper bills. The claim is that the group kept billing the Texas and Louisiana Medicaid programs after those states moved to cut it off, and did not pay the money back once the cutoffs took effect . Medicaid is the joint federal-state health program for people with low incomes.</p> <p>Texas&#39; Health and Human Services inspector general dropped Planned Parenthood from the state Medicaid program in December 2016. Under the state&#39;s timeline, the group became ineligible for payments on Feb. 1, 2017. It received roughly $10 million in Medicaid payments from February 2017 through March 12, 2021, while its eligibility was being fought over in federal court .</p> <p>Those payments were for cancer screenings, birth control and other health services, not abortions. Abortions do not receive public funds . Texas is now seeking more than $1.8 billion in reimbursement, penalties and fees .</p> <p>When Paxton first sued in January 2022, he said, &quot;It is unthinkable that Planned Parenthood would continue to take advantage of funding&quot; it was not entitled to keep .</p> <blockquote><p>I will not allow them to benefit from this abhorrent conduct</p><p>&mdash; Ken Paxton, Texas attorney general, R-Texas (statement when the state sued in January 2022)</p></blockquote> <h2>Planned Parenthood says it billed legally</h2> <p>Planned Parenthood says it was legal to bill the states while courts had paused their cutoff decisions. The national group also argues it cannot be held liable because it was only giving legal advice to its local affiliates . It has called the lawsuit &quot;meritless&quot; and has said it would have to shut down in Texas if it loses .</p> <p>Susan Baker Manning, a senior vice president at Planned Parenthood Federation of America, said the Trump administration has spent two years trying to shut the group down through legislation, regulations and lawsuits .</p> <blockquote><p>Now, they are going to use the Department of Justice to try again.</p><p>&mdash; Susan Baker Manning, senior vice president, Planned Parenthood Federation of America</p></blockquote> <p>The fight over Planned Parenthood&#39;s Medicaid money started in 2015. That year, Republicans across the country moved to defund the group after anti-abortion activists released secretly recorded, heavily edited videos. Thirteen states investigated the videos and filed no criminal charges, and Planned Parenthood denies any wrongdoing .</p> <h2>A Trump-appointed judge and a 2027 trial</h2> <p>U.S. District Judge Matthew Kacsmaryk, a Trump appointee, is hearing the case. Both sides have jointly proposed a trial starting in April 2027 . In August, the 5th U.S. Circuit Court of Appeals ruled unanimously that Planned Parenthood had appealed too early when it challenged a 2023 decision denying the national group immunity. That ruling let the case resume after a pause of nearly three years .</p> <p>Johnson has not said what he will do with the case once he takes office. In a Sunday statement, he said his office was reviewing the Justice Department&#39;s move .</p> <blockquote><p>We are reviewing this action closely, including what it means for Texans and what the law allows,</p><p>&mdash; Nathan Johnson, Texas attorney general-elect, D-Texas</p></blockquote> <blockquote><p>When I take office as Attorney General, I will take appropriate action in the interests of my state.</p><p>&mdash; Nathan Johnson, Texas attorney general-elect, D-Texas</p></blockquote> <h2>Why the timing matters</h2> <p>Texas voters elected a Democrat to run the attorney general&#39;s office, and within days the federal government moved into the case . If the Justice Department becomes a party, the case would no longer depend only on Texas. That would limit how much the new attorney general can do on his own.</p> <p>That matters well beyond abortion. The money in question paid for cancer screenings and birth control for low-income patients . A penalty in the billions could close clinics that many women, including older women on Medicaid, have used for routine care . And the case is a reminder that winning an election does not automatically end a lawsuit that a defeated official started.</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/justice-dept-joins-texas-suit-against-planned-parenthood-days-after-a-democrat-wins">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/justice-dept-joins-texas-suit-against-planned-parenthood-days-after-a-democrat-wins.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. The Texas Tribune (via San Angelo LIVE!), “Feds Plan to Take Over Texas Lawsuit Against Planned Parenthood” (2026-11-09). sanangelolive.com/news/crime/2026-11-09/feds-plan-take-over-
2. Reuters (via Yahoo News), “Justice Department joins Texas lawsuit against Planned Parenthood” (2026-11-07). yahoo.com/news/articles/justice-department-joins-texas-lawsu
3. Reuters (via NY Daily Record), “Justice Department joins Texas lawsuit against Planned Parenthood” (2026-11-09). nydailyrecord.com/2026/11/09/justice-department-joins-texas-
4. KTSA, “Paxton sues Planned Parenthood for not returning $10 million in Texas Medicaid reimbursements” (2022-01-13). ktsa.com/paxton-sues-planned-parenthood-for-not-returning-10
5. CBS Texas, “Texas Sues Planned Parenthood Over $10 Million In Medicaid Payments” (2022-01-14). cbsnews.com/texas/news/texas-lawsuit-planned-parenthood-10m-

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