Veterans group sues Trump administration over VA abortion policy

Summary

A veterans advocacy group challenged renewed VA abortion restrictions, saying the policy unlawfully limits care and counseling.

Why this matters

The case could affect what abortion-related care and counseling veterans and their dependents can receive through the Department of Veterans Affairs. It also tests how much discretion the agency has to interpret federal law on medical services.

Minority Veterans of America sued the Trump administration over the Department of Veterans Affairs’ decision to reinstate restrictions on abortion services and counseling for veterans and their dependents in some cases.

The nonprofit filed the case on behalf of members affected by the policy, including one pregnant member identified anonymously in the complaint. She said she felt “terrified” after learning she was pregnant because of multiple chronic health conditions and prior pregnancy complications. The lawsuit said her first-trimester pregnancy had already worsened some conditions and that there was “a substantial risk” she might need to terminate the pregnancy to protect her health.

In the lawsuit, filed with the U.S. Court of Appeals for the Federal Circuit, the group argued that the Department of Veterans Affairs violated the Administrative Procedure Act, which bars federal agencies from acting “arbitrarily or capriciously,” by restoring limits on abortion services for pregnancies resulting from rape or incest, or when continuing the pregnancy could jeopardize a patient’s health.

According to the complaint, the counseling ban also prevented Department of Veterans Affairs medical providers from discussing “the full range of options available to her during the course of her pregnancy.”

The policy took effect last year after a Justice Department memorandum concluded that a Biden administration rule allowing limited abortion services through the Department of Veterans Affairs was invalid. The memo allowed the agency to make the change weeks earlier than the standard regulatory process typically would have.

The Department of Veterans Affairs began providing abortions in limited circumstances in 2022, after the Biden administration changed policy following the Supreme Court’s Dobbs v. Jackson Women’s Health decision.

The complaint also said the agency did not address its 2022 findings that limited abortion services were needed to protect veterans’ health. The Trump administration has said the Department of Veterans Affairs still permits abortions in life-threatening emergencies, including ectopic pregnancies and miscarriages, but the lawsuit argued the regulation did not formally provide that exception for veterans themselves and applied it only to dependents.

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