The Department of Veterans Affairs (VA) is finalizing its policy on Monday, allowing veterans and other beneficiaries throughout the country to obtain taxpayer-funded abortions, according to a federal notice.
The VA is finalizing its policy after allowing veterans and covered dependents to obtain abortions since September 2022. The rule was promulgated following the overturning of Roe v. Wade and allows for abortions throughout pregnancy in cases of rape and incest and to protect the life or health of the pregnant woman. The rule also allows VA doctors to provide abortion counseling to any patient.
The policy is being finalized without any changes despite nearly 58,000 public comments it received both in support and opposition, and it will officially take effect on April 3, 2024.
Allowing the VA to perform abortions was “part of the Biden administration’s reaction” to the Supreme Court’s Dobbs ruling, which overturned Roe v. Wade and sent the issue of abortion back to individual states, according to Military.com:
The VA announced it would for the first time offer abortions in certain circumstances as states banned or severely restricted the procedure in the wake of the Supreme Court ruling, called Dobbs v. Jackson Women’s Health Organization. The ruling overturned 50 years of nationwide abortion rights granted by Roe v. Wade.
The federal notice, published on Friday, claimed that abortion limits passed in various states since Dobbs have “presented a serious threat to the health and lives of over one hundred thousand veterans and CHAMPVA beneficiaries who relied, or may rely in the future, on VA health care.”
The VA was able to use a “fast-track process” called an interim final rule to allow it to perform abortions while the official policy went through the lengthier federal rulemaking process, the report states. During that time, the VA reportedly performed 88 abortions, the department told Congress in a letter obtained by Military.com in October.
The VA rebuffed many criticisms posted during the public comment period, including concerns about taxpayer money being used to fund abortions.
“While some taxpayers may disagree with this use of Federal funds, VA is authorized to provide and pay for care that is needed for veterans and medically necessary and appropriate for CHAMPVA beneficiaries,” the notice states.
The department also declined to require any gestational limits on abortions or detail what kinds of health conditions would qualify someone for an abortion. Instead, the VA said creating those kinds of limits would interfere with doctors’ judgments:
The decision about whether a pregnancy endangers the veteran’s or CHAMPVA beneficiary’s life or health, and the needed care or medically necessary and appropriate treatment, must be made on a case-by-case basis by appropriate health care professionals.
Congressional Republicans, who argue the rule is unlawful, tried and failed to block the policy, with some GOP senators siding with Democrats in favor of VA abortions.
“Republicans in Congress are likely to continue trying to roll it back,” according to the report. “A Senate GOP effort to force the VA to reverse the policy failed last year, but Republicans who control the House included VA abortion restrictions in their initial version of the 2024 VA spending bill, which has yet to become law.”
During its interim phase, the rule was also the subject of a major religious liberty lawsuit. A Christian healthcare worker sued the VA over the rule, arguing that it would require her to participate in abortions at the VA clinic where she works, in violation of her religious beliefs and state law.
The nurse, Stephanie Carter, ended up winning the lawsuit and securing a religious accommodation process nationwide for VA employees who object to participating in abortions on religious grounds.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.
