Numerous states, legislators, private groups back Drummond in Supreme Court battle over Title X grant funding
OKLAHOMA CITY (Nov. 20, 2024) -- Attorney General Gentner Drummond's petition asking the U.S. Supreme Court to restore Oklahoma's Title X funding received strong support this week, with four amicus briefs filed by a broad coalition of states, members of Congress, medical organizations and public policy groups.
In July, the U.S. Court of Appeals for the Tenth Circuit ruled, incorrectly, that the federal government could strip millions of dollars in Title X grant funding from the Oklahoma State Department of Health (OSDH) because it does not offer abortion referrals in the wake of the U.S. Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization.
Drummond filed a petition for certiorari in October asking the Supreme Court to review and reverse the Tenth Circuit’s decision. Prior to the Biden Administration’s unlawful decision, OSDH had received the funding for more than 40 years to provide essential healthcare services like cancer screenings and pregnancy prevention.
"This strong show of support from states, federal lawmakers, medical professionals and policy organizations demonstrates the far-reaching implications of the Biden Administration's unprecedented action," Drummond said. "Federal law is clear that Title X funds cannot be used for abortion, and that organizations who decline to refer for abortions are to be protected. The Biden Administration, however, is attempting to force states to provide abortion referrals or lose critical healthcare funding for their citizens."
A group of 19 members of Congress, including Oklahoma's entire congressional delegation, filed one of the briefs emphasizing the right of healthcare institutions like OSDH, under the Weldon Amendment, to decline abortion referrals without facing discrimination or penalties. This group was led by Sen. James Lankford and Rep. Tom Cole.
Twenty-one states, led by Texas, joined to file another brief, arguing that the case "presents a question worthy of this Court's time" as it impacts states both as Title X fund recipients and as entities with the legal authority to establish and enforce their own abortion laws and policies. Joining Texas on the brief are Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, South Carolina, Virginia, West Virginia and Wyoming.
Leading medical organizations representing more than 22,000 healthcare professionals also urged the high court to hear the case. In their brief, groups including the American Association of Pro-Life Obstetricians & Gynecologists argued the court should "protect Oklahoma and its healthcare professionals from unlawful discrimination and ensure that all Oklahomans have access to care."
A fourth brief was submitted by a diverse coalition of more than 35 organizations focused on religious liberty, family values and public policy.
Read the brief from 19 members of Congress.
Read the brief from the State of Texas and 20 additional states.
