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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.

Docket No. Op. Below Argument Opinion Vote Author Term
24a146 10th Cir. N/A N/A N/A N/A OT 2024

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/05/2024Application (24A146) for writ of injunction, submitted to Justice Gorsuch.
08/08/2024Response to application (24A146) requested by Justice Gorsuch, due by 4 p.m. EDT, on August 15, 2024.
08/15/2024Response to application from respondent Department of Health and Human Services, et al. filed.
08/19/2024Reply of applicant Oklahoma filed.
08/27/2024Supplemental Brief from Respondents filed.
08/28/2024Response to Supplemental Brief from Applicants filed.
09/03/2024Application (24A146) referred to the Court.
09/03/2024Application (24A146) for writ of injunction presented to Justice Gorsuch and by him referred to the Court is denied. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application.