(1) Whether HHS is violating the Constitution's Spending Clause by imposing a funding condition—abortion referrals—that this Court's precedent (Rust) holds is not unambiguously required by Title X; and (2) Whether HHS is violating the Weldon Amendment, which expressly protects health care organizations who decline to refer for abortions under Title X, by stripping Oklahoma's Health Department of millions of dollars for declining to refer for abortions under Title X.

Whether the federal government may condition Title X family planning funds on a state health agency's willingness to refer for abortions despite statutory protections against such requirements