TBA Law Blog


Posted by: Azya Thornton on Sep 9, 2024

Last week, the U.S. Supreme Court denied Oklahoma's bid to reinstate over $4 million in Title X funding while its legal challenge against the Department of Health and Human Services (HHS) proceeds. According to SCOTUSblog, the dispute involves Title X's federal requirement for abortion counseling and referrals, which conflicts with Oklahoma's abortion restrictions. Oklahoma argued that these requirements violate the Constitution’s spending clause and federal Weldon Amendment, which protects providers who refuse abortion referrals. The federal government countered that Congress routinely conditions federal grants on compliance with requirements and that the Weldon Amendment does not cover state agencies. Oklahoma also argued that a recent ruling from the 6th Circuit Court of Appeals, which upheld a district court’s decision withholding similar funds from Tennessee, should not influence the court because the Weldon Amendment was not cited in that case.