Supreme Court Allows Biden Admin To Withhold Funding From Red State Refusing To Play Ball On Abortion

The Supreme Court declined on Tuesday to prevent the Biden administration from withholding family-planning grant funding from Oklahoma over the state’s refusal to offer abortion referrals.

In a 6-3 decision, the Supreme Court denied Oklahoma’s emergency request to prevent the Department of Health and Human Services (HHS) from withholding $4.5 million in grant funding from the state while it appeals a lower court’s ruling. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted Oklahoma’s application, according to the order.

In 2021, HHS adopted a rule requiring recipients of Title X grants to offer pregnant clients “neutral, factual information and nondirective counseling” about their options, including abortions.

The Tenth Circuit Court of Appeals sided with the HHS in July, declining to prevent the agency from withholding Oklahoma’s grant. Oklahoma asked the Supreme Court in early August to allow it to access the funds while it appeals the decision.

“Title X does not unambiguously impose an abortion counseling or referral requirement,” the state wrote in its emergency application. “Therefore, HHS cannot impose an abortion counseling or referral requirement on Title X grantees.”

The state argues the regulation “foists upon Oklahoma a requirement concerning an issue that has been recognized as specifically reserved to the people to address” in the Supreme Court’s 2022 Dobbs v. Jackson Women’s Health Organization decision, which reversed Roe v. Wade.

“HHS deliberately sought to impose the executive branch’s policy preferences on the states, including Oklahoma, and upset the federal state balance on this important issue,” the state argued.

Solicitor General Elizabeth Prelogar wrote in the government’s brief that nothing HHS did impacts the state’s “ability to restrict abortion within its borders.”

“The Oklahoma legislature has already provided substitute funding to make up the shortfall created by the termination of last year’s grant, and there is no reason to doubt that it can do the same this year,” the brief states.