Court lets Biden-Harris HHS withhold Title X funds from TN because it didn’t counsel for abortion

The 6th Circuit Court of Appeals in Tennessee v. Becerra, et. al announced this week that the State of Tennessee gave up funding through Title X when it chose not to include counseling for illegal abortions with the grant money. According to the original complaint filed by the Attorney General’s office, the suit sought to defend Tennessee against the “federal government’s latest effort to coerce States into carrying out pro-abortion policy in violation of statutory, constitutional, and administrative-law limits.”

The 2-1 ruling allows the federal Department of Health and Human Services to withhold about $7 million of funding for low-income family planning services from Tennessee for fiscal year 2022-23. The money was given instead to Planned Parenthood of Tennessee and North Mississippi, and Virginia League for Planned Parenthood — who used the money in Tennessee.

“We are experts in high-quality, nonjudgmental sexual and reproductive health care and sex education. We know just how important these services are for our patients, especially those with lower incomes,” asserted Planned Parenthood of TN when it received the funds in 2023.

Since 1970, Title X has authorized the Federal Government to make grants to states and private entities that offer family planning projects. Using the funding to provide actual abortions is restricted, but the federal government has regularly permitted counseling related to abortions. 

In its complaint, Tennessee argued that the “spending power” of the federal government should not infringe on its state sovereignty. But the Court ruled that Tennessee could not “dictate” how eligibility would be determined for the federal grants.  In particular, the court determined that while abortion may be illegal in Tennessee, providing information about the illegal services was not restricted by their law, and that federal funds should be used accordingly.

Attorney General Jonathan Skrmetti has previously accused the federal government of “playing politics” with the health of Tennessee women. As of the writing of this article, the AG’s office had not yet issued a statement in response to the Appeals Court Decision. 

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