No. 21-4235.

87 F.4th 759 (2023)

State of OHIO; State of Alabama; State of Arkansas; State of Florida; State of Kansas; Commonwealth of Kentucky; State of Missouri; State of Nebraska; State of Oklahoma; State of South Carolina; State of West Virginia, Plaintiffs-Appellants, v. Xavier BECERRA, Secretary, Department of Health and Human Services and Jessica S. Marcella, Deputy Assistant Secretary for Population Affairs, in their official capacities; Department of Health and Human Services; Office of Population Affairs, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 30, 2023.

Attorney(s) appearing for the Case

ARGUED: Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellants. Courtney L. Dixon , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Benjamin M. Flowers, Stephen P. Carney , Sylvia May Mailman , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, Thomas T. Hydrick , OFFICE OF THE SOUTH CAROLINA ATTORNEY GENERAL, Columbia, South Carolina, for Appellants. Abby C. Wright , Kyle T. Edwards , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Christian B. Corrigan , OFFICE OF THE MONTANA ATTORNEY GENERAL, Helena, Montana, Steven H. Aden , AMERICANS UNITED FOR LIFE, Washington, D.C., Alan E. Schoenfeld , WILMER CUTLER PICKERING HALE AND DORR LLP, New York, New York, Blair J. Greenwald , OFFICE OF THE NEW YORK ATTORNEY GENERAL, New York, New York, Robin Summers , NATIONAL FAMILY PLANNING & REPRODUCTIVE HEALTH ASSOCIATION, Washington, D.C., Margaret M. Dotzel , Catherine S. Duval , Casey Trombley-Shapiro Jonas , Alyssa M. Howard , ZUCKERMAN SPAEDER LLP, Washington, D.C., for Amici Curiae.

LARSEN, J., delivered the opinion of the court in which THAPAR, J., joined. MOORE, J. (pp. 784-802), delivered a separate opinion concurring in the judgment in part and dissenting in part.


In 2021, the Department of Health and Human Services (HHS) issued a final rule governing the Title X grant program, which makes grants to assist in the establishment and operation of family planning projects. Among other things, the Rule interpreted §...

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