Oklahoma Attorney General Gentner Drummond petitioned the U.S. Supreme Court last week to review a decision by an appellate court that upheld the Biden Administration’s suspension of a family planning grant that Oklahoma had received for over 40 years.
The funding was cut after Oklahoma declined to provide abortion referrals following the Supreme Court’s decision overturning Roe v. Wade, despite Title X’s prohibition against using its funds for abortions.
The Biden-Harris Administration redirected the Title X grant money to pro-abortion groups, citing Oklahoma’s refusal to offer abortion referrals as the reason for denying millions of dollars in funding to the state’s Department of Health.
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In July, the U.S. Court of Appeals for the Tenth Circuit ruled in favor of the Biden Administration, asserting that the federal government was not obligated to award grant money to a state that refuses to provide abortion referrals. Drummond, however, argues that this ruling violates federal law, which protects states’ decisions regarding abortion referrals under Title X.
In his petition for a writ of certiorari, Drummond called the federal government’s stance “remarkably wrong” and accused it of overstepping its authority by attempting to force states to provide abortion referrals, which he believes violates legislative powers. He emphasized that the Supreme Court has consistently protected conscientious objectors from federal overreach and urged the Court to intervene in this case.
Drummond also warned that the loss of funding jeopardizes critical healthcare services for Oklahomans, including cancer screenings, breast exams, depression screenings, and pregnancy prevention, services that many have relied on for decades.
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“Oklahomans should not be denied essential healthcare services simply because our state policies differ from the Biden-Harris Administration’s agenda,” Drummond said, pointing out that federal law makes it clear Title X funds cannot be used for abortion.
Drummond is urging the Supreme Court to take up the case for two primary reasons. First, he argues that the Tenth Circuit’s decision conflicts with Supreme Court precedents and those of other circuits, as it allows mere regulations to clarify otherwise ambiguous Spending Clause statutes. Second, he points to the Weldon Amendment, which prohibits the federal government from discriminating against state health departments that refuse to provide abortion referrals.
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