Multistate Coalition Challenges VA’s Proposed Abortion Care Restrictions for Veterans

Maryland Attorney General Anthony G. Brown is part of a significant coalition of 22 state attorneys general who have formally voiced their opposition to a proposed rule by the Department of Veterans Affairs (VA) that would restrict abortion care access for veterans and their families. The comment letter, submitted in response to the VA’s request for public input, argues that the proposed changes represent a drastic and harmful rollback of services previously established to support the reproductive health needs of veterans and their dependents.

The current policy, implemented in 2022 following the Supreme Court’s decision in *Dobbs v. Jackson Women’s Health Organization*, permits veterans, their survivors, and dependents to receive abortion services at VA healthcare facilities. These services are available when a patient’s health or life is endangered, or in cases of reported rape or incest. The existing rule also ensures access to abortion counseling. The proposed rule, put forth by the Trump administration, aims to reverse these provisions, leading to concerns about its potential impact on a vulnerable population.

The coalition’s comment letter raises several critical concerns regarding the proposed rule. A primary issue identified is the ambiguity and potential contradiction within the rule’s text. While the preamble suggests that physicians would still be permitted to provide life-saving care under specific certification, the actual regulatory text appears to ban abortion care entirely for veterans. Legal principles dictate that the specific regulatory text holds precedence over explanatory preambles, raising questions about the practical accessibility of any purported exceptions. Furthermore, the letter points out a lack of established procedures for individuals to utilize any exceptions that might be included, creating further barriers to care.

Beyond the procedural concerns, the attorneys general argue that the proposed rule is excessively restrictive and deviates significantly from existing state and federal policies concerning abortion exceptions. They contend that the VA’s proposed changes represent an “inhumane departure” from current standards, which aim to protect the health and lives of pregnant patients and accommodate those who have experienced rape or incest. The coalition views such limitations as problematic and difficult to administer, particularly given the current landscape of varying state-level abortion restrictions that have emerged since the overturning of Roe v. Wade.

The attorneys general also challenge the justification provided by the VA for the proposed rule. The letter asserts that the VA falsely claims a lack of legal authority to provide abortion care. It also argues that the VA’s justification relies on political considerations rather than medical necessity, and it attempts to misinterpret federal law to support a ban where no such congressional intent exists. The coalition believes this approach inadequately supports the proposed regulatory changes.

Joining Attorney General Brown in submitting the comment letter are the attorneys general from California, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‛i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Washington. The collective action underscores a broad opposition to the VA’s proposal across numerous states, highlighting the potential widespread impact on veterans’ healthcare nationwide.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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