An ongoing legal battle is challenging the recent reversal of abortion access policies for veterans and their families, sparking significant attention. The Trump administration’s decision to implement a near-ban on abortions within the Department of Veterans Affairs (VA) healthcare system is being contested in court.
Filed last Thursday, the lawsuit by the advocacy group Minority Veterans of America argues that the VA’s new policy, effective December 31, restricts vital abortion access previously available under the Biden administration, which they claim is essential for the “health, autonomy, and equality of veterans and their family members.” Read more here.
The group is urging the U.S. Court of Appeals for the Federal Circuit to annul the rule, citing a lack of medical evidence or justification in the VA’s decision-making process, which they argue breaches the Administrative Procedures Act. The VA had initially excluded abortion services until 2022, when President Joe Biden expanded coverage following the Supreme Court’s overturning of Roe v. Wade More details here.
Under the Biden administration, VA’s abortion services were limited to cases where a pregnant person’s life or health was at risk, or in situations involving rape or incest. This policy aligned VA healthcare with other federal healthcare plans like Medicaid and TriCare, which provide similar abortion access.
However, the VA announced plans to repeal these changes last August, shortly after former President Donald Trump resumed office. Currently, the VA only permits abortions if the pregnancy endangers the woman’s life, a provision consistent with state laws even where abortion bans exist. Exceptions for rape, incest, or health risks are no longer recognized, and abortion counseling has been discontinued.
A VA spokesperson declined to comment on the lawsuit, as is customary with ongoing litigation. Minority Veterans of America, representing over 3,600 members nationwide, emphasizes the critical need for access to abortion care and counseling. “Our community includes veterans with complex medical histories, those who have experienced pregnancy complications, and survivors of sexual violence and trauma, all of whom need access to abortion care and counseling to protect their health,” stated Lindsay Church, the executive director of the group.
According to the lawsuit, one veteran, who recently discovered her pregnancy in May and suffers from chronic pain exacerbated by the pregnancy, faces a “substantial risk” to her health. However, the VA will not permit an abortion unless it is deemed lifesaving by a provider, the lawsuit claims.
