“We came to this decision after listening to VA health care providers and veterans across the country raised the alarm that abortion restrictions are creating a medical emergency for those we serve,” Shereef Elnahal, VA undersecretary of health, said in a statement. release. “Providing this care will save the health and lives of veterans, and there’s nothing more important than that.”
The context: The move comes after 25 senators in the Democratic caucus pushed the desk to implement regulatory changes to provide abortion care. As it looks nowthe Hyde Amendment of Congress limits federal funding for abortions for active military members, and a 1992 law prohibits abortion care for military veterans or retirees.
Democratic senators, including Elizabeth Warren from Massachusetts, Mazie Hirono from Hawaii and Patty Murray of Washington, have argued that the agency has the authority to provide abortion care under the Veterans’ Health Care Eligibility Reform Act of 1996.
The move may face potential legal challenges. Republicans have pushed backsaying the VA would be violating the 1992 law forbidding it from offering abortions if it goes through with the rule.
As a rule, the VA argued that the 1992 law does not prevent it from updating the scope of “necessary” medical care to include abortions.
Democrats have lobbied the Biden administration to expand access to abortion following the June Supreme Court decision that allowed states to ban the procedure, including providing abortions on federal land.