A veterans advocacy organization has taken legal action against the Trump administration’s decision to roll back abortion access for veterans and their families who receive healthcare through the U.S. Department of Veterans Affairs.
The federal court case, submitted Thursday, challenges the regulation that took effect on Dec. 31, arguing it eliminates limited reproductive healthcare access that was “crucial for the health, autonomy, and equality of veterans and their family members.”
Legal representatives for Minority Veterans of America are asking the U.S. Court of Appeals for the Federal Circuit to overturn the regulation. The attorneys argue the VA implemented the policy change without providing medical evidence or proper justification, which they claim violates the Administrative Procedures Act governing federal regulations.
The VA had not included abortion services in its healthcare coverage until 2022. The Biden administration implemented the coverage several months after the U.S. Supreme Court struck down Roe v. Wade and various state abortion restrictions went into effect.
The reproductive healthcare access offered by the VA under the Biden administration had narrow parameters, covering only situations where a pregnant woman’s life or health faced danger, or in instances involving rape or incest.
The policy under Biden enabled the VA to offer abortion services even in states with abortion prohibitions. It also aligned the VA’s healthcare coverage with other federal medical programs — such as Medicaid and TriCare for active service members and their families — which provided restricted abortion access.
The VA revealed its plan to reverse these policies last August, several months following President Donald Trump’s return to office.
The VA stated it would continue offering abortions when a pregnant woman’s life faces immediate danger. Such exceptions remain permissible under state laws, even in areas with abortion bans.
Nevertheless, the VA has eliminated exceptions for abortions in rape and incest cases or to safeguard a pregnant woman’s health. Abortion counseling services have also been discontinued.
A VA representative refused to provide comment, explaining the agency generally avoids discussing ongoing legal matters.
Minority Veterans of America reports representing over 3,600 members nationwide.
“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.
When releasing its final regulation in December, the VA explained it was returning to the agency’s historical stance that abortions were not “needed” under federal law and that “this determination did not prohibit providing life-saving care to pregnant veterans.”
The court filing mentions one of Minority Veteran of America’s members is a military veteran who recently discovered her pregnancy in early May. She experiences chronic pain that has worsened due to the pregnancy, putting her health “at substantial risk,” according to the lawsuit, which protected the woman’s identity for privacy reasons.
The legal document states the VA will not permit the unnamed veteran to obtain an abortion “even if her health is at risk, unless a provider determines an abortion is necessary to save her life.”
