Oklahoma Senator James Lankford, joined by 18 other members of Congress, has filed an amicus curiae brief with the Supreme Court, accusing the Biden administration of using federal funding to punish Oklahoma for its refusal to promote abortion. The brief is part of Oklahoma v. Department of Health and Human Services, a case challenging the Biden administration’s rescission of a $4.5 million Title X Family Planning grant previously awarded to Oklahoma’s Department of Health.
The grant, designated for “family planning services,” was revoked in May 2023 after the state declined to use the funds to support or refer for abortions. Oklahoma’s laws restrict abortion except to protect the life of the mother.
Lankford’s brief argues that this action violates the fundamental “right of conscience” for health care providers and institutions, stating that such freedoms should protect providers from being compelled to participate in or promote elective abortions. “Oklahomans should not have to miss out on funding for critical health services for women, AIDS testing, and cancer screenings because of the Administration’s extreme abortion agenda,” Lankford said.
The lawmakers supporting the brief describe themselves as committed to protecting mothers, unborn children, and families from the harms of the abortion industry. They cite the Weldon Amendment, an annual federal provision that prohibits discrimination against health care institutions refusing to perform or support abortions.
Lankford also introduced legislation in July 2023 to clarify that the Department of Health and Human Services (HHS) cannot withhold Title X funds based on a grantee’s pro-life stance. The bill was referred to the Senate Committee on Health, Education, Labor, and Pensions.
In June 2023, Lankford led the Oklahoma congressional delegation in a letter to HHS Secretary Xavier Becerra, denouncing the decision as prioritizing abortion over actual health care. The letter stated, “It is absurd that HHS is suspending funds previously granted to OSDH for its refusal to refer for a procedure that the underlying federal statute explicitly forbids.”
Despite the Supreme Court declining to restore the funds in September, Lankford and his colleagues continue to challenge the Biden administration’s actions, highlighting the broader debate over federal funding, abortion, and states’ rights.
