While Sotomayor has not ruled on many cases concerning abortion, she wrote a decision against a pro-choice group in '''Center for Reproductive Law and Policy vs. Bush'''. <ref>http://blogs.cbn.com/thebrodyfile/archive/2009/05/26/sotomayors-abortion-ruling.aspx</ref> The decision dismissed the claim of a Mexico-based organization which challenged policies requiring that foreign organizations neither perform nor promote abortions as a condition for receiving US funding.
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Sotomayor drew a distinction between "necessary" and "family planning" abortions: "For purposes of 22 U.S.C.S. � 2151b(f)(1), "abortion as a method of family planning" does not include abortions performed if the life of the mother would be endangered if the fetus were carried to term or abortions performed following rape or incest (since abortion under these circumstances is not a family planning act)."
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Sotomayor concluded, "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."