Supreme Court of the United States · Official docket →
Oklahoma v. Department of Health and Human Services, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 24-6063 · judgment July 15, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Title X funds cannot be used in programs where abortion is a method of family planning. 42 U.S.C. § 300a6. And the Weldon Amendment prohibits any Federal agency or program from subjecting any institutional . . . health care entity to discrimination on the basis that the health care entity does not . . . refer for abortions. Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, div. F, § 508(d)(1), 118 Stat. 2809, 3163 (2004). Nevertheless, the U.S. Department of Health and Human Services has stripped all funds from Oklahomas Title X program because the Oklahoma State Department of Health has declined to refer women for abortions after Dobbs v. Jackson Womens Health Organization, 597 U.S. 215 (2022). The Questions Presented Are:
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Whether a federal agency, through regulations, can impose upon states a funding condition that satisfies the Spending Clause when the underlying statute does not contain or is ambiguous as to that condition.
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Whether the Weldon Amendment prohibits the federal government from requiring a states health department to provide abortion referrals.
Counsel of record
For petitioner
Zachary Paul West
Oklahoma Office of the Attorney General
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 cert-stage
Proceedings
- Aug 01 2025Judgment Issued.
- Jun 30 2025Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Medina v. Planned Parenthood South Atlantic, 606 U. S. ___ (2025).
- Jun 26 2025DISTRIBUTED for Conference of 6/26/2025.
- Apr 17 2025Letter in response to the Solicitor General's letter of April 17, 2025, from counsel for petitioner Oklahoma filed.
- Apr 15 2025Letter to the Clerk dated April 15, 2025, from the Solicitor General filed.
- Dec 27 2024Reply of petitioner Oklahoma filed. (Distributed)
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 19 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 18 2024Brief of respondents Department of Health and Human Services, et al. in opposition filed.
- Nov 18 2024Brief amici curiae of Advancing American Freedom, et al. filed.
- Nov 18 2024Brief amici curiae of 19 Members of Congress filed.
- Nov 18 2024Brief amici curiae of American Association of Prolife Obstetricians & Gynecologists, et al. filed.
- Nov 18 2024Brief amici curiae of Texas, et al. filed.
- Nov 08 2024Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024.
- Nov 07 2024Motion to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk.
- Oct 15 2024Petition for a writ of certiorari filed. (Response due November 18, 2024)