The Supreme Court on Tuesday refused to grant Oklahoma’s request to halt the federal government from withholding millions of dollars from its health department over its new abortion ban.
The state agency does not refer or counsel patients for abortions following Oklahoma’s move to ban the procedure.
A 2021 rule issued by the Health and Human Services Department conditions funding on the requirement for “grantees to offer abortion counseling and referrals,” according to the state’s court filing.
Oklahoma had told the justices that the federal HHS interpretation of Title X stretches too far to deny states the funds for refusing to provide information on abortion.
The 10th U.S. Circuit Court of Appeals ruled against Oklahoma, prompting its petition to the high court.
The justices on Tuesday denied Oklahoma’s request, which was filed last month.
Justices Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch would have granted the state an injunction.
Oklahoma estimated the Biden administration has withheld about $4.5 million over the issue.
Following the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, Oklahoma moved to ban the procedure except to save the life of the mother. It is also unlawful to assist with an abortion.
Dobbs reversed the 1973 landmark ruling in Roe v. Wade, which gave women a national constitutional right to abortion. The decision sent the issue back to the states.
Oklahoma and many red states then moved to ban the procedure or severely limit its access.
Tennessee and Ohio have also sued over the withholding of funds like Oklahoma. Those lawsuits are still pending in lower courts.
The case is Oklahoma v. U.S. Department of Health and Human Services.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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