Yes. The Mexico City Policy has been challenged numerous times, but federal and appellate courts have ultimately sided with the Government every time a case has been brought against it. In Center for Reproductive Law and Policy v. Bush, the most recent case brought against the Mexico City Policy in 2002, the court opined “the Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds.” 6 Section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. §2151b(b)) grants the President the ability to determine how family planning assistance is allocated: