Advocacy group sues Trump administration over access to abortion for
veterans
[May 23, 2026]
By RUSS BYNUM
An advocacy group has filed suit against the Trump administration over
its decision to reinstate a near-ban on abortions for veterans and their
family members who depend on the U.S. Department of Veterans Affairs for
healthcare.
The federal lawsuit filed Thursday says the rule finalized by the VA on
Dec. 31 takes away limited abortion access that was “crucial for the
health, autonomy, and equality of veterans and their family members.”
Attorneys for the group Minority Veterans of America want the U.S. Court
of Appeals for the Federal Circuit to throw out the rule. They say the
VA adopted the change without citing medical evidence or other
justifications, violating the Administrative Procedures Act that governs
federal rulemaking.
The VA did not include abortion in its coverage until 2022. President
Joe Biden’s administration added it months after the U.S. Supreme Court
overturned Roe v. Wade and states' abortion bans began taking effect.
Abortion access the VA provided under Biden was limited, applying only
in cases when a pregnant woman’s life or health was at risk, or in cases
of rape or incest.
The Biden change allowed the VA to provide abortion even in states where
it was banned. And it brought the VA’s coverage into line with other
federal healthcare plans — including Medicaid and TriCare coverage for
active military members and their families — that allowed limited
abortion access.
The VA announced its proposal to undo those changes last August, a few
months after President Donald Trump returned to the White House.
The VA had said it will still provide abortions in cases where a
pregnant woman's life is threatened. That's something state laws allow,
even in places where bans are in place.
However, the VA no longer allows exceptions for abortions in cases of
rape, incest or to protect a pregnant woman's health. Abortion
counseling is also no longer allowed.
A VA spokesperson declined to comment, noting the agency typically
doesn't comment on pending litigation.
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Anti-abortion activists rally outside of the U.S. Supreme
Court during the March for Life in Washington, Friday, Jan. 23,
2026. (AP Photo/Jose Luis Magana, File)
 Minority Veterans of America says it
represents more than 3,600 members across the U.S.
“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.
In publishing its final rule in December, the VA said it was
restoring the agency's longstanding position that abortions were not
“needed” under federal law and that “this determination did not
prohibit providing life-saving care to pregnant veterans.”
The lawsuit says one of Minority Veteran of America's members is a
military veteran who just learned she was pregnant in early May. She
suffers from chronic pain that has been exacerbated by the
pregnancy, placing her health “at substantial risk,” says the
lawsuit, which withheld the woman's name to protect her privacy.
The lawsuit says the VA won't allow the unnamed veteran to receive
an abortion “even if her health is at risk, unless a provider
determines an abortion is necessary to save her life.”
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Bynum reported from Savannah, Georgia.
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