An advocacy group has taken legal action against the Trump administration over its decision to reinstate a near-ban on abortions for veterans and their family members who depend on the U.S. Department of Veterans Affairs for healthcare.
The federal lawsuit, filed on Thursday, argues that the rule finalized by the VA on December 31 eliminates limited abortion access that was "crucial for the health, autonomy, and equality of veterans and their family members."
Attorneys representing the group Minority Veterans of America are asking the U.S. Court of Appeals for the Federal Circuit to overturn the rule. They contend that the VA adopted the change without citing medical evidence or other justifications, thereby violating the Administrative Procedures Act, which governs federal rulemaking.
Background of VA Abortion Coverage
The VA did not include abortion in its coverage until 2022. The Biden administration added it months after the U.S. Supreme Court overturned Roe v. Wade, when state abortion bans began taking effect. The abortion access provided under Biden was limited, applying only in cases where a pregnant woman's life or health was at risk, or in cases of rape or incest.
The Biden-era change allowed the VA to provide abortions even in states where it was banned, bringing the VA's coverage in line with other federal healthcare plans, including Medicaid and TriCare coverage for active military members and their families, which allowed limited abortion access.
Trump Administration Reversal
The VA announced its proposal to undo those changes last August, a few months after President Donald Trump returned to the White House. Under the new rule, the VA will still provide abortions in cases where a pregnant woman's life is threatened, which state laws allow even in places where bans are in place. However, the VA no longer allows exceptions for abortions in cases of rape, incest, or to protect a pregnant woman's health. Abortion counseling is also no longer permitted.
A VA spokesperson declined to comment, noting that the agency typically does not comment on pending litigation.
Plaintiff's Perspective
Minority Veterans of America says it represents more than 3,600 members across the United States. "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," Lindsay Church, the group's executive director, said in a statement.
In publishing its final rule in December, the VA stated that it was restoring the agency's longstanding position that abortions were not "needed" under federal law and that "this determination did not prohibit providing life-saving care to pregnant veterans."
The lawsuit highlights one of Minority Veterans of America's members, a military veteran who recently learned she was pregnant in early May. She suffers from chronic pain that has been exacerbated by the pregnancy, placing her health "at substantial risk," according to the lawsuit, which withheld the woman's name to protect her privacy. The lawsuit says the VA will not allow the unnamed veteran to receive an abortion "even if her health is at risk, unless a provider determines an abortion is necessary to save her life."
