The death of Chevron gave the Pro-Life Generation a glimmer of hope that Oklahoma could win its emergency injunction at the U.S. Supreme Court against Health and Human Services (HHS). Since the reversal of Roe v. Wade, the HHS and Biden-Harris Administration have effectively punished the pro-life state by withholding $4.5 million worth of Title X funds, funds which are used solely for family planning programs, because Oklahoma refused to provide an abortion hotline for patients. 

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According to the Washington Post, “In challenging that decision, Oklahoma Attorney General Gentner Drummond told the Supreme Court that state health-care organizations cannot be punished for not advising patients about ending their pregnancies. The Health and Human Services Department, the state said, is illegally imposing conditions on funding that are not specified in the half-century-old nationwide family planning program known as Title X.” 

In its emergency filing, Oklahoma attorneys argued that the Biden-Harris Administration was no longer legally justified by overturning Chevron. The U.S. Supreme Court didn’t see it the same way and rejected the emergency injection in an error of judgment, allowing HHS to continue withholding federal funds lawfully.  

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At this current point in time, the HHS has acted as an arm of the Biden-Harris administration, grabbing as many pieces of candy for their sick abortion agenda as they can find. President Joe Biden’s administration has actively dangled funding like a carrot on a stick. State against abortion? Then that “carrot” is just out of reach unless they provide abortion as a “family planning” option. The HHS and Biden-Harris administration seem more concerned with upholding the baby deletion industry rather than growing nuclear families.  

In Oklahoma’s filing, attorneys also point out Rust, a Reagan-era U.S. Supreme Court case that noted Title X’s ambiguous language and how different administrations used it to their advantage to determine if there would be abortion funding or not for Title X.  

“In particular, Rust held that Title X was ambiguous on the point of abortion referrals, and that, under Chevron deference, HHS had permissibly justified its new rule prohibiting abortion counseling and referrals, which HHS had defended as “more in keeping with the original intent of the statute,” the filing explains. “However, in 1993, HHS suspended the 1988 Rule, and in 2000, it again reinstated the requirement that Title X recipients make abortion referrals upon request.”  

However, with Chevron squashed and under the Dobbs ruling, HHS should no longer be able to remove funds under its authority. According to The Hill and The Washington Post reports, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch were prepared to grant the request. While it remains unclear where the other justices landed on the issue, one can guess, given the illogical and emotionally charged Dobbs v. Jackson dissent given by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, who completely disregarded the livelihood of preborn children and their right to live.  

Oklahoma isn’t the only state fighting for life and funds to support families everywhere. Last week, a federal appeals court turned down Tennessee’s request to reinstate Title X funds withheld from the state due to abortion being wholly outlawed.  

Abortion-loving politicians are bold enough to openly wield power if it means another dead child for profit, and what’s happening in Oklahoma and Tennessee are two prime examples of just that. This is an unfortunate setback for the pro-life movement on the legal, national, and statewide stage. However, all hope is not lost, and it is a minor setback given one of the most significant victories for the pro-life movement since the 1970s: Roe v. Wade. And with the Chevron deference defeated, sooner or later, Oklahoma and Tennessee’s requests will be brought back into the light, and the U.S. Supreme Court will hear the pro-life movement once more.  

Remember: this is a marathon, not a sprint. Onward.  

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