SCOTUS lets Biden-Harris admin continue denying federal funds to Oklahoma because it won't refer mothers for abortion



The Biden-Harris administration has withheld millions of dollars in federal funds from Oklahoma over its refusal to provide abortion referrals to pregnant women.

The pro-life state sued the Biden-Harris Department of Health and Human Services and its secretary, Xavier Becerra, earlier this year, seeking a reinstatement of over $4.5 million in family-planning grants. The case was kicked up through the courts until ultimately the state's application for writ of injunction went before the U.S. Supreme Court.

On Tuesday, the Supreme Court court denied Oklahoma's request, indicating that Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the application.

Background

The grant program at the heart of the case was established in 1970 under Title X of the Public Health Service Act. Congress tasked the HHS with determining the eligibility requirements for the funds.

In 2021, the Biden-Harris HHS renewed two conditions: first, that family-planning projects must provide pregnant women with the opportunity to receive "neutral, factual information and nondirective counseling" regarding possible options, including abortion. Second, projects had to provide a referral regarding all options when requested.

The following year, the Oklahoma State Department of Health was approved for one such grant — from April 2022 to March 2023. However, just months into the term, Oklahoma's abortion ban took effect, and the Supreme Court issued its Dobbs ruling, indicating there is no nationwide right to an abortion.

After Dobbs, the Biden-Harris HHS rushed to inform Oklahoma and other grant recipients that the high court's decision would not free them from their supposed obligation to continue referring pregnant women for abortion in order to receive the federal grant money.

Oklahoma effectively told the federal government to pound sand, changing its policies on the basis of state law.

The HHS rejected Oklahoma's changes and suggested the state could comply by other means; namely, by providing pregnant women with the phone number for a glorified abortion referral hotline.

Oklahoma rejected that half-measure and stopped sharing information about the hotline, prompting the Biden-Harris administration to terminate the grant — a strategy it has pursued also with Tennessee.

'Diminishing healthcare services in this way harms the public interest.'

Oklahoma challenged the decision. When a federal judge declined to compel the Biden-Harris administration to cough up the money, Oklahoma appealed to the 10th Circuit Court of Appeals in Denver, which ruled 2-1 to allow the HHS to continue withholding the money.

Arguments

Oklahoma noted that despite the Weldon Amendment — which bars federal agencies and programs from subjecting "any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions" — the HHS stripped it of all Title X funds because its OSDH "declined to refer for abortions after Oklahoma's historic abortion prohibition was revitalized in the wake of Dobbs v. Jackson Women’s Health Organization."

The state asked the high court to consider whether the HHS had indeed violated the Weldon Amendment as well as whether it was violating the Constitution's spending clause by requiring abortion referrals.

Oklahoma also argued that Congress' spending power precluded it from delegating the grant eligibility requirements to the HHS, reported the New York Times.

According to SCOTUSblog, U.S. Solicitor General Elizabeth Prelogar, who represented the Biden-Harris administration, told Supreme Court justices that the Weldon Amendment has not been violated because the OSDH is "not protected" under the amendment.

Prelogar also suggested that the requirement for abortion referrals did not violate the Constitution's spending clause because Congress "routinely conditions federal grants on compliance with requirements contained in agency regulations, and this Court has repeatedly upheld such requirements."

The Biden-Harris administration's representative further suggested to the justices that contrary to Oklahoma's characterization of the funds as a critical "part of the frontline of health care" in the state, this was ultimately a dispute with "modest practical stakes."

Several pro-life and religious medical associations who previously filed an amicus curiae with the 10th Circuit, stressed that the HHS' rule "threatens to reduce the resources available to members of the public who seek fertility services, family-planning information, and other medical services from healthcare professionals who share their beliefs about abortion and the sanctity of human life. Diminishing healthcare services in this way harms the public interest."

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Seattle scraps gifted and talented school programs because they supposedly had too many white and Asian students



Seattle Public Schools is effectively killing off its gifted and talented program, caving to leftists in and outside the district who have long complained about the racial demographics of the Highly Capable Cohort program, which evidently failed to satisfy their utopian expectations.

Forsaking quality and meritocracy, SPS has indicated it will instead pursue an alternative that will supposedly be "more inclusive, equitable, and culturally sensitive."

Background

State law has long required that Washington schools provide and maintain programs "for highly capable students."

Qualifying students are those "who perform or show potential for performing at significantly advanced academic levels when compared with others of their age, experiences, or environments. Outstanding abilities are seen within students' general intellectual aptitudes, specific academic abilities, and/or creative productivities within a specific domain."

By virtue of highly capable students of any race being academically superior to other students, they are necessarily unequal.

The Seattle Times reported that as of last year, the HCC comprised roughly 5,700 students. This cohort is made up of those who scored in the top 2% on standardized exams.

Unsurprisingly, recognition of this inequality has been a sore point for leftists who figure that education ought not only to standardize generations of children by their low standards but also to produce so-called equitable outcomes.

Former SPS superintendent Denis Juneau called for dismantling the HCC program in 2019, claiming, "It is very [racially] disproportionate."

The identitarian NAACP Youth Council and other leftist groups have championed the elimination of the program in the years since, claiming it was "built upon a foundation of white supremacy and constructed with the intent to perpetuate the segregation of schools on the basis of race and socioeconomic status."

The NAACP Youth Council noted that in the 2020-2021 school year, only 1.8% of the district's 8,130 black students, then amounting to 15% of the student body, were eligible for the HCC. 13.4% of Asian students and 63.2% of white students, who altogether accounted for 13.1% and 45.6% of the overall student body, respectively, were eligible. 16.2% of mixed-race students and 5.25% of Hispanics were eligible.

In the 2022-2023 school year, the Seattle Times indicated that 52% of HCC students at SPS were white, 16% were Asian, and 3.4% were black.

"We, the NAACP Youth Council, want the HCC program abolished from SPS," wrote the identitarians. "Every student deserves an equitable and anti-racist education that recognizes their brilliance. A program built to discriminate against students has no room for fixing."

Indistinction

SPS began phasing out HCC schools in 2021. All will apparently be eliminated by 2027. In the way of HCC institutions affiliated with the district, there are presently three elementary schools, five middle schools, and three high schools.

The next step in the war on excellence and distinction will be the implementation of the so-called "Highly Capable Neighborhood School Model" in every school beginning in September 2024.

Under this model, students of all abilities will be lumped into the same classroom. Teachers will then reportedly be tasked with creating individualized learning plans for each of their 20 to 30 students.

According to SPS, "All teachers will provide teaching and learning that is delivered with Universal Design for Learning (UDL) and differentiated to meet the needs of students within their grade level. The approach includes three tiers of service for students depending on individual needs, delivered in a way that honors individual cultures and backgrounds."

While all students will participate in Tier 1 learning, individuals flagged as needing more advanced or involved learning will be awarded Tier 2 services. After participating in Tier 1 and Tier 2 services, students, now assessed yearly, found still needing "something in addition to meet their complex needs," will receive Tier 3 services.

Critics suspect that SPS will ultimately bungle the implementation of its new scheme, especially because its $105 million deficit means it lacks the funds to train teachers on how to help highly capable students, reported the Seattle Times.

Teachers have complained anonymously to KOMO-TV that the district has provided teachers with no extra time, aid in the classroom, curricular help, or compensation to meet the unique needs of every student in a single classroom.

"I was a classroom teacher for 14 years. It's really hard to provide services to students when you have a group of kindergartners learning phonics and then you have a kindergarten[er] that's like fluently reading Harry Potter," said Reby Parsley, a gifted education specialist with the Washington Association of Educators of the Talented and Gifted.

"It seems to me that kids on maybe both extremes are going to be underserved," Erika Ruberry, a parent of a second-grader at a HCC elementary, told the Times.

Karen Stukovsky, a mother who has three kids at HCC schools, said, "You have some kids who can barely read and some kids who are reading 'Harry Potter' in first grade or kindergarten. How are you going to not only get those kids up to grade level and also challenge those kids who are already way above grade level?"

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Florida Panthers duo become the latest NHL players to reject the LGBT brand: 'Goes against our Christian beliefs'



Brothers Marc and Eric Staal are the latest NHL stars to take a stand and reject the LGBT brand. The Florida panthers hockey players elected not to wear "Pride Night" jerseys ahead of their Thursday night game against the Toronto Maple Leafs.

For the annual "Pride Night," Panthers players had to wear LGBT activist jerseys, designed this time around by the pronoun-providing artist who calls herself Teepop.

According to NHL.com, the activist jerseys are later put up for auction, with proceeds going to LGBT activist groups in South Florida as well as to the You Can Play Project, which purportedly seeks to counter "judgement and discrimination based on sexual orientation, gender identity and/or gender expression" in sports.

While players were expected to wear the activist brand on the ice, "Pride" scarves, wristbands, and other merchandise were distributed throughout the stadium, so that fans could similarly endorse the LGBT agenda.

The Staal brothers respectfully declined to be used once again as props in the LGBT propaganda.

The hockey stars noted in a statement that they "carry no judgement on how people choose to live their lives, and believe that all people should be welcome in all aspects of the game of hockey."

While indicating that they are welcoming to others, the Staal brothers expect the same tolerance in return.

"We feel that by us wearing a pride jersey it goes against our Christian beliefs," they wrote.

"We hope you can respect this statement," they added. "We will not be speaking any further on this matter and would like to continue to focus on the game and helping the Florida Panthers win the Stanley Cup."

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Florida coach Paul Maurice suggested Thursday morning that while the Florida Panthers were wholeheartedly embracing the LGBT symbolism as a team, individual players and teams around the league had a right to decline, reported Florida Hockey Now.

"As an organization, we have decided — and rightfully so — to move forward with it and support it and celebrate it," said Maurice. "Teams around the league and players around the league, they’ve got the right to their opinion, and we’ve got the right to ours. But I’ve seen the sweaters. They’re great looking, and it should be a great night tonight."

TheBlaze previously reported that the Chicago Blackhawks, New York Rangers, New York Islanders, and the Minnesota Wild have declined to wear such jerseys.

The Blackhawks said in a statement, "While we know gameday celebrations like these are an important way we can use our platform to bring visibility, it is the work we do together 365 days a year that can create true impact in ensuring all of our colleagues, fans and communities feel welcomed and safe within our sport."

San Jose Sharks goaltender James Reimer and Philadelphia Flyer Ivan Provorov, like the Staal brothers, recently stuck their necks out for their Christian beliefs, both declining to wear "Pride"-themed warm-up jerseys.

Reimer said, "For all 13 years of my NHL career, I have been a Christian — not just in title, but in how I choose to live my life daily. ... I have a personal faith in Jesus Christ who died on the cross for my sins and, in response, asks me to love everyone and follow him."

"I have no hate in my heart for anyone, and I have always strived to treat everyone that I encounter with respect and kindness," added the seasoned goaltender. "In this specific instance, I am choosing not to endorse something that is counter to my personal convictions which are based on the Bible, the highest authority in my life."

Provorov told reporters he intended to "stay true to myself and my religion."

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Senior NHL writer at ESPN Greg Wyshynski blasted Provorov, suggesting that if the player would not take part in LGBT activism symbolically, he should do so monetarily, claiming he "owes them a donation."

TheBlaze reported that Wyshynski was joined in denouncing Provorov by other hockey-adjacent media personalities who suggested the player's nonconformity should land him out of a place on the team.

Reimer was also denounced and smeared as a bigot.

Pronoun-providing sports writer Kelsey Trainor said that Reimer was "hiding behind the Bible to refuse to endorse gay people having rights and existing," calling him "gross."

The Staal brothers were met with similar denunciations, largely from the media class.

Eric Macramalla, a TSN sports legal analyst, tweeted, "So let me get this straight: in refusing to wear the Pride jersey, the Staal brothers have said they 'carry no judgment on how people choose to live their lives' but then say wearing a Pride jersey 'goes against our Christian beliefs'. Sounds pretty judgy."

Alyssa Mercante, senior editor at Kotaku, wrote, "Join me tomorrow as I burn my Marc Staal jersey!"

Outsports, an LGBT activist publication that reports on sports, claimed, "Their rejection of this simple act of inclusion tells LGBT people very clearly, 'We don’t want you here.'"

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