A federal appeals court ruled that the U.S. Department of Health and Human Services does not have to reinstate $7 million in family planning grant funding to Tennessee while the state challenges federal rules regarding abortion counseling. The court upheld a lower court’s decision, stating that Tennessee cannot use state laws to dictate eligibility requirements for a federal grant. The state lost the funding after failing to comply with program requirements to counsel clients on all reproductive health options, including abortion.
Attorney General Jonathan Skrmetti argued that the federal rules infringed on Tennessee’s state sovereignty and violated residents’ First Amendment rights. Tennessee had previously blocked clinics from counseling patients on medical options that are not legal in the state due to strict anti-abortion laws. Despite losing the federal funding, Governor Bill Lee proposed a $7 million budget amendment to make up for the lost funds, which may have impacted the court’s decision.
Last year, the federal government granted Tennessee’s lost funds to the Virginia League for Planned Parenthood and Converge, bypassing the state health department that previously distributed the grants. This resulted in Skrmetti filing a lawsuit against the HHS. Additionally, in January 2023, Tennessee announced it would cut funding for non-affiliated HIV prevention programs, leading to criticism from advocates concerned about the impact on vulnerable communities in a state that is an HIV-transmission hotspot.
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