Conservative Justices Are Split in New Supreme Court Order

By: May Man Published: Sep 07, 2024

The Supreme Court on Tuesday rejected Oklahoma’s bid to restore a $4.5 million federal grant for family planning services.

The grant had been rescinded by the White House because Oklahoma refused to provide pregnant patients with information on abortion options, a requirement for receiving federal funding.

Conservative Justices Divided in 6-3 Decision

The court’s 6-3 decision revealed a split among the conservative justices.

Advertisement
A photograph of the current justices of the Supreme Court, 2024

Source: Supreme Court

According to the court’s order, Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas supported Oklahoma’s position, but the remaining justices declined to intervene.

Legal Battles Emerge Nationwide Following Roe v. Wade Overturn

This case is one of many legal battles that have emerged across the U.S. over abortion restrictions and federal funding.

Advertisement
Abortion rights protestors outside the Supreme court

Source: Chip Somodevilla/Getty Images

These disputes have intensified since the Supreme Court’s overturning of Roe v. Wade in 2022, which allowed several Republican-led states to impose sweeping abortion bans.

Oklahoma Challenges Title X Requirements

Federal regulations under the Department of Health and Human Services (HHS) stipulate that family planning clinics cannot use Title X funds for abortion services.

Advertisement
A woman with dark brown hair wearing a black t shirt and green pants looks at a pregnancy test

Source: @LopezMcHugh/X

However, clinics must still provide patients with information about abortion upon request. Oklahoma argued that its clinics were unable to comply due to state laws making it illegal to advise or perform abortions.

Oklahoma's Strict Abortion Laws Lead to Lawsuit

Oklahoma’s abortion laws are among the most restrictive in the country, permitting the procedure only when the mother’s life is at risk.

Advertisement
Lawsuit paperwork next to a book and a pen

Source: Adobe Stock

Earlier this year, the 10th U.S. Circuit Court of Appeals rejected Oklahoma’s lawsuit challenging these federal regulations.

Biden Administration Offers Compromise, Oklahoma Refuses

In response to Oklahoma’s refusal to provide abortion information, the Biden administration offered a compromise. They suggested that physicians could refer patients to a national hotline for abortion information.

President Joe Biden speaks to the camera

Source: @Joe Biden/YouTube

However, Oklahoma officials rejected this accommodation, maintaining their stance against any involvement in abortion discussions.

Advertisement

Oklahoma Joins Multistate Lawsuit to Reinstate Trump-Era Rules

Oklahoma is also part of a broader, multistate lawsuit aiming to restore rules enacted during the Trump administration. These rules had prohibited Title X recipients from discussing or referring patients for abortion services.

Former president and candidate for 2024, Donald Trump, speaks to an audience

Source: @The Telegraph/YouTube

President Joe Biden reversed this policy in 2021, shifting the stance on abortion counseling depending on the current administration.

Advertisement

Oklahoma Attorney General Responds to Supreme Court Decision

Following the Supreme Court’s rejection, Oklahoma Attorney General Gentner Drummond expressed disappointment.

A white court house with white Greek columns and a large American flag in front

Source: @MarcuswevansSr/X

Leslie Berger, the press secretary for Drummond’s office, remarked, “While the denial is obviously disappointing, Attorney General [Gentner] Drummond is pleased that three Supreme Court justices were willing to step in and stop the Biden Administration’s lawless overreach at this preliminary juncture.”

Advertisement

Tennessee Files Similar Lawsuit Challenging Title X Compliance

Tennessee has also filed a similar lawsuit against the federal government, echoing Oklahoma’s arguments.

Photograph taken of downtown Clarksville, Tennessee, during a somewhat afternoon

Source: Wikimedia

Tennessee claims its family planning providers cannot adhere to Title X regulations due to the state’s abortion restrictions, which ban the procedure in nearly all circumstances.

Advertisement

Court Rejects Tennessee’s Lawsuit, Citing Federal Guidelines

Last week, the 6th U.S. Circuit Court of Appeals rejected Tennessee’s lawsuit.

A photograph of a wooden judge’s gavel on a wooden table

Source: Freepik

The court ruled that Tennessee’s abortion laws could not “dictate eligibility requirements” for federal Title X funding, leaving the state’s argument without legal backing.

Advertisement

Tennessee's Legal Challenge Expected to Continue

Despite the ruling, Tennessee’s case is expected to proceed in lower courts.

A pregnant woman wearing a gray shirt holds her belly in front of a light window

Source: BGStock72/Canva

Both Oklahoma and Tennessee’s legal challenges reflect the ongoing friction between state abortion laws and federal family planning regulations.

Advertisement

Broader Implications for Abortion Access in the U.S.

As these cases continue to unfold, they highlight the shifting legal landscape surrounding abortion access in the U.S.

The exterior of the Supreme Court with a large tree in bloom in the foreground

Source: Bill Mason/Unsplash

The outcomes of these legal battles will likely have significant implications for how states navigate the intersection of federal funding and restrictive abortion laws.

Advertisement