In a significant decision on September 3, 2024, the U.S. Supreme Court declined to intervene in Oklahoma’s request to halt the federal government from withholding Title X funding over the state’s refusal to provide abortion referrals. This ruling allows the Department of Health and Human Services (HHS) to continue diverting $4.5 million annually from Oklahoma’s family planning program.
The dispute stems from a 2021 HHS rule requiring Title X grantees to offer “nondirective counseling” on all pregnancy options, including abortion. Oklahoma, which banned most abortions following the Supreme Court’s 2022 Dobbs decision overturning Roe v. Wade, argues that complying with this rule would violate state law criminalizing abortion counseling.
While HHS proposed a compromise allowing Oklahoma to provide a national hotline number for pregnancy counseling, the state rejected this option. The Biden administration subsequently terminated Oklahoma’s Title X award, citing non-compliance with federal regulations.
The case highlights ongoing tensions between federal policy and state abortion laws post-Dobbs. Similar disputes are unfolding in Tennessee and Ohio, reflecting a broader national debate on reproductive healthcare access and funding.
Oklahoma Attorney General Gentner Drummond argued that the federal government is overstepping its authority by imposing conditions not explicitly stated in Title X legislation. However, the 10th Circuit Court of Appeals ruled in favor of HHS, stating that Congress allowed the agency to determine grant eligibility criteria.
The Supreme Court’s decision, with Justices Thomas, Alito, and Gorsuch dissenting, allows the lower court ruling to stand. This outcome may influence pending cases in other states and shape future interpretations of federal funding conditions in healthcare.
The ruling underscores the complex interplay between state and federal policies on reproductive health, as well as the ongoing legal challenges in defining the boundaries of abortion-related services and funding in a post-Roe landscape.
Image Credit : AP Photo/Carolyn Kaster
