The Supreme Court has denied Oklahoma's emergency appeal to reinstate a $4.5 million grant for family planning services. The dispute arose from the state's refusal to refer pregnant women to a national hotline that provides information on abortion and other options. The court's decision, which did not provide detailed reasoning, saw three justices - Clarence Thomas, Samuel Alito, and Neil Gorsuch - in favor of Oklahoma.
Lower courts had previously ruled that the federal Health and Human Services Department's termination of funds to Oklahoma did not violate federal law. The case revolves around state abortion restrictions and federal grants under the Title X family planning program, a contentious issue following the 2022 overturning of Roe v. Wade and subsequent abortion bans in many Republican-led states.
While clinics are prohibited from using federal family planning funds for abortions, they are required to offer abortion information upon patient request. Oklahoma's argument against compliance stems from its state abortion ban, which criminalizes advising or procuring abortions.
The Biden administration, in 2021, reversed a ban on abortion referrals by Title X-funded clinics, a policy initially implemented during the Trump administration in 2019. The back-and-forth nature of this policy has been influenced by changing administrations.
Notably, Tennessee is pursuing a similar lawsuit still pending in lower courts, and Oklahoma, along with 10 other states, is challenging the federal regulation separately. Oklahoma highlighted the importance of the funds in providing critical services to rural communities through city and county health departments.
The federal government had offered an accommodation allowing referrals to the national hotline, which Oklahoma rejected as insufficient, leading to the termination of its Title X funds. The state emphasized that the government-run health facilities are vital access points for preventive services in remote areas.
