Oklahoma v. United States Department of Health and Human Services

Established in 1970, Title X is a federal grant program dedicated to providing individuals with comprehensive family planning and related preventive health services.  These services include birth control; wellness exams; cervical and breast cancer screenings; and testing and treatment for sexually transmitted infections (STIs).  Title X benefits low-income people; the uninsured; and communities that have historically faced barriers to healthcare access.

The Department of Health and Human Services (HHS) conditions its federal Title X grants on states providing unbiased, nondirective counseling and referrals for all family planning options, including abortion. When the state of Oklahoma refused to provide unbiased counseling and referral options, HHS terminated their funding. Oklahoma sued and moved for a preliminary injunction. The District Court denied the State’s motion for a preliminary injunction, and the State appealed.

On May 17, 2024, the Lawyering Project joined the American Civil Liberties Union, the ACLU of Oklahoma, and the Center for Reproductive Rights to submit an amicus curiae brief to the Tenth Circuit. The brief responded to statements made in the preliminary injunction hearing and the Tenth Circuit by Oklahoma that suggested the state’s abortion ban might also prohibit advising patients about lawful out-of-state abortion care. The amicus curiae brief asserted that Oklahoma’s abortion ban did not, and could not, prevent unbiased counseling and referrals for lawful out-of-state abortions. Doing so would violate the First Amendment and would exceed the scope of Oklahoma abortion ban. The amicus curiae brief encouraged the Court not to engage with that issue.

On July 15, 2024, the Tenth Circuit issued its opinion. The court affirmed the District Court’s ruling and held that Oklahoma failed to establish a likelihood of success on any of its claims.

The state of Oklahoma applied to the Supreme Court for review. The Supreme Court denied the state’s request to reinstate the federal funding while the case continues in lower courts.

U.S. Supreme Court Denies Application for Writ of Injunction

Oklahoma Files Application for Writ of Injunction to U.S. Supreme Court

Tenth Circuit Issues Opinion

Lawyering Project Joins American Civil Liberties Union, ACLU of Oklahoma, and Center for Reproductive Rights in Filing Amicus Brief

Notice of Appeal Filed

District Court Issues Order on Motion for Preliminary Injunction

Plaintiffs File Complaint in the Western District of Oklahoma