The federal lawsuit is from Minority Veterans of America (MVA), reports Associated Press. Attorneys for the organization say the rule finalized by the U.S. Department of Veterans Affairs (VA) on December 31 takes away limited abortion access that was "crucial for the health, autonomy, and equality of veterans and their family members."
Even though Biden’s policies allowed VA abortions in state that had bans, the access, in general, was only allowed in cases of rape, incest and if the woman’s life and health were at risk.
The VA announced they would go back on their changes following President Donald Trump’s return as the nation’s leader, no longer allowing abortion access for rape, incest or health cases. Now, VA abortions are limited to if the woman’s life is in danger, which is offered in states with abortion bans.
According to the MVA attorneys, the VA adopted the change without citing medical evidence or other justifications, violating the Administrative Procedures Act that governs federal rulemaking. Therefore, MVA is looking at the U.S. Court of Appeals for the Federal Circuit to abolish the new rule.
Carol Tobias of National Right to Life points out the VA did not include abortion in their healthcare coverage until the Biden administration.
"President Biden changed the rules so that the VA could start doing abortions," Tobias says.
That change came after the U.S. Supreme Court overturned Roe v. Wade, and state abortion bans or restrictions took effect.
"President Trump brought that (original policy) back, saying that was a Biden-era rule, but we're going to go back to the original language, no abortions funded by the VA," says Tobias. "I think this was a great move on the part of the president and the administration, and it's disappointing that they would find some veterans that are willing to fight that because, historically, we have not paid for abortions through the VA."
