An advocacy group has filed a federal lawsuit against President Donald Trump's administration over its decision to reinstate a near-ban on abortions for veterans and their family members who rely on the U.S. Department of Veterans Affairs for healthcare.
Lawsuit Details
The lawsuit, filed Thursday in the U.S. Court of Appeals for the Federal Circuit, challenges a rule finalized by the VA on December 31. The rule eliminates limited abortion access that advocates say was "crucial for the health, autonomy, and equality of veterans and their family members." Attorneys for Minority Veterans of America argue that the VA adopted the change without citing medical evidence or other justifications, violating the Administrative Procedures Act that governs federal rulemaking.
Background on VA Abortion Coverage
The VA did not include abortion in its coverage until 2022. President Joe Biden's administration added it months after the U.S. Supreme Court overturned Roe v. Wade, allowing states to impose abortion bans. Under Biden, the VA provided abortions only in cases where a pregnant woman's life or health was at risk, or in cases of rape or incest. This policy applied even in states where abortion was banned, bringing VA coverage in line with other federal healthcare plans like Medicaid and TriCare.
The Trump administration proposed undoing those changes in August 2024, a few months after President Trump returned to the White House. The final rule, published in December, restores the VA's longstanding position that abortions are not "needed" under federal law. The VA will still provide abortions if a pregnant woman's life is threatened, as state laws typically allow this exception. However, exceptions for rape, incest, or to protect a woman's health are no longer permitted. Abortion counseling is also discontinued.
Impact on Veterans
Minority Veterans of America, representing over 3,600 members across the U.S., says the rule harms veterans. Lindsay Church, the group's executive director, stated: "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."
The lawsuit highlights a specific case: a military veteran who learned she was pregnant in early May and suffers from chronic pain exacerbated by the pregnancy, placing her health at substantial risk. The lawsuit says the VA will not allow her to receive an abortion unless a provider determines it is necessary to save her life.
A VA spokesperson declined to comment, noting the agency typically does not discuss pending litigation.
