Oklahoma Attorney General Gentner Drummond is asking the U.S. Supreme Court to review a federal appeals court decision that said Oklahoma isn’t entitled to federal family planning money it lost last year. Drummond continues to fight against one of the grant’s requirements to provide counseling to pregnant people on all options, including abortion.
Drummond first challenged the state’s loss of $4.5 million in Title X funding last year with a lawsuit and later, a motion for an injunction against the Department of Health and Human Services (HHS). The goal was to recoup the lost money and prevent further loss in future grant cycles.
Clinics participating in Title X programs offer confidential and low-cost family planning resources for all ages, including contraceptives, counseling and pregnancy testing. The Oklahoma State Department of Health (OSDH) had received Title X funding since 1971.
Oklahoma has currently lost nearly $10 million in Title X funding as legal proceedings continue.
Drummond’s latest request comes after the Supreme Court denied Oklahoma’s emergency application asking for its Title X funding to be released — although the court did note Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the application.
Now, he is asking it to review an appeals court decision from July that brought Oklahoma’s case to the higher court in August.
Drummond argues in the new petition the appeals court ruling conflicts with other circuits.
He also refers to The Weldon Amendment — which prevents HHS funds from going to government agencies that discriminate against health care entities that refuse to provide abortion referrals. He argues it was violated when Oklahoma was required to provide the call-in number to a hotline that provides information about family planning, including abortion.
Oklahoma argued OSDH is a health care entity and the hotline constitutes a referral. Therefore, it said it was being subject to discrimination for declining to make referrals.
Only a few Title X sites remain in Oklahoma. When the state lost its Title X money, the federal government sent a $3.3 million share of the state’s funds to the Missouri Family Health Council. The nonprofit granted money to Oklahoma clinics under Planned Parenthood Great Plains. The Planned Parenthood group also provides reproductive health care in Arkansas, Kansas and Missouri.
Drummond said in a press release the suspension of funds put Oklahomans who need Title X services like cancer screenings, breast exams, depression screenings and pregnancy prevention at risk.
“Oklahomans have depended upon these services for decades,” Drummond said. “Just because Oklahoma’s state policies clash with the liberal Biden-Harris agenda does not mean our people should be denied healthcare, particularly when federal law makes it clear that Title X cannot be used for abortion.”
An investigation by The Frontier found Drummond’s office spent more than $600,000 in legal costs on this case since November. A state fund created to fight federal overreach covered them.
StateImpact Oklahoma is a partnership of Oklahoma’s public radio stations which relies on contributions from readers and listeners to fulfill its mission of public service to Oklahoma and beyond. Donate online.
