Oklahoma v. Department of Health and Human Services
Emergency application for injunction or stay is denied on Sept. 3, 2024. Justices Thomas, Alito, and Gorsuch would
grant the application.
Issues: (1) Whether the Department of Health and Human Services is violating the Constitution's spending clause by imposing a funding condition — abortion referrals — that is not unambiguously required by Title X; and (2) whether HHS is violating the Weldon Amendment, which expressly protects health care organizations who decline to refer for abortions under Title X, by stripping Oklahoma's Health Department of millions of dollars for declining to refer for abortions under Title X.
