Appeals court spikes Tennessee’s bid to get family planning dollars despite abortion rule

NASHVILLE, Tenn. (AP) — A federal appeals court has shot down Tennessee’s attempt to collect millions of dollars in family planning funds without complying with federal rules requiring clinics to provide abortion referrals due to its current ban on the procedure.

Last year, Tennessee’s Attorney General Jonathan Skrmetti filed a federal complaint seeking to overturn the U.S. Department of Health and Human Services’ decision to disqualify the state from receiving money offered through a family planning program known as Title X. A lower court later determined that Tennessee was unlikely to succeed and the state appealed that decision.

In 2021, the Biden administration announced that clinics that accept Title X funds must offer information about abortion. However, Skrmetti’s argued that HHS did not alert officials how the rule would apply in states with abortion bans now allowed under the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade.

Yet the 6th U.S. Circuit Court of Appeals argued in a ruling Monday that Tennessee could not use its abortion ban law to “dictate eligibility requirements” for Title X funding. The 31-page ruling means the federal government will not reinstate Tennessee’s Title X funding while the lawsuit continues through the courts.

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