Advancing American Freedom led a coalition of 36 other amici fighting the federal government’s weaponization of Title X funding to punish states that seek to protect life. Oklahoma’s life-protecting law has been on the books since 1907 and became enforceable when the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health. Consistent with its recognition of the value of unborn life, the State’s health department does not refer pregnant women to a hotline that will tell them how to get an abortion. In pursuit of a radical abortion agenda, the Biden-Harris Department of Health and Human Services (HHS) withdrew the State’s Title X funding by “reinterpreting” a statutory prohibition against such discrimination.
“The Federal administrative state has no authority to reinterpret statutory language to mean its opposite, yet that is exactly what HHS did here. The age of Chevron Deference is over. Courts must enforce statutes as written, not as read by unelected bureaucrats,” said AAF General Counsel J. Marc Wheat. “The Supreme Court should take up this case and rule for Oklahoma to ensure that the landmark decisions overturning Roe and Chevron are followed by the administrative state and lower federal courts.”
Read the full brief here.
