Oklahoma argues that it can’t comply with a requirement to provide abortion counseling and referrals because the state’s abortion ban makes it a crime for “any person to advise or procure an abortion for any woman.”

The administration said it offered an accommodation that would allow referrals to the national hotline, but the state rejected that as insufficient. The federal government then cut off the state’s Title X funds.

In 2021, the Biden administration reversed a ban on abortion referrals by clinics that accept Title X funds. The restriction was initially enacted during the Donald Trump administration in 2019, but the policy has swung back and forth for years, depending upon who is in the White House.