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AG Nessel Joins Letter Supporting the U.S. Department of Veterans Affairs’ Rule Expanding Access to Abortion Care

LANSING – Michigan Attorney General Dana Nessel joined a multistate coalition of 23 attorneys general in filing a comment letter supporting the U.S. Department of Veterans Affairs’ (VA) interim final rule that removes exclusions on abortion counseling and establishes broader access to abortion care for veterans and their beneficiaries.

The VA’s new interim final rule, “Improving Access to Abortion and Abortion Counseling for Veterans and Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) Beneficiaries,” will permit veterans and their families to access abortion counseling for all pregnancies and access abortion services in situations where the patient’s life or health is threatened, as well as in cases of self-reported rape or incest. In the comment letter, the attorneys general support the VA’s efforts to increase reproductive freedom by removing barriers to essential medical care.

"Our veterans and their families deserve the best care we can provide," Nessel said. "If that care necessarily includes abortion services, they should not be denied just because the veteran is serving in a state that has restricted access to this critical healthcare. The VA's interim final rule will help ensure that veterans and their families are able to make medical decisions based on their own beliefs, not those of elected or appointed individuals who do not have the woman's best interests in mind. I continue to oppose any attempt to limit access to care and I remain committed to a woman's right to choose. So I stand firmly with my colleagues in supporting this VA rule."

On September 2, in the wake of the U.S. Supreme Court’s decision overturning Roe v. Wade, the VA announced an interim final rule regarding abortion. The rule amends the VA’s medical regulations to remove the exclusion on abortion services and establish exceptions to the exclusion on abortion in the medical benefits package for veterans and for CHAMPVA beneficiaries. Since the Dobbs decision, at least 14 states have banned or restricted abortion care, while others are still proposing new restrictions. The rule explains that these restrictions put at risk “the lives and health of pregnant veterans and CHAMPVA beneficiaries in these States.” In response, the VA rule seeks to ensure that veterans and their families, regardless of their state of residence, may obtain medically necessary abortion care when the life or the health of the pregnant veteran would be endangered or if the pregnancy is the result of an act of rape or incest.

In the comment letter, the coalition of attorneys general express their strong support for the VA’s effort to remove barriers to this essential medical care. The rule fills a significant gap in healthcare for an important population, offering veterans and their families access to the same healthcare services available to many civilians. The rule will impact an estimated 53% (or more than 240,000) U.S. service members and veterans of reproductive age living in states that have already banned abortion or are likely to soon ban abortion. Veterans of reproductive age, in particular, have high rates of chronic medical and mental conditions, such as post-traumatic stress disorder, severe hypertension, and renal disease—all of which could increase the health risks associated with pregnancy. It is critical that these veterans are provided with the tools to protect their lives and wellbeing, including a full range of reproductive care and counseling, and medically necessary abortion care.

The coalition of attorneys general also contend that the VA’s rule is a necessary step to alleviate the strain on the healthcare infrastructure of states that protect abortion. States like Michigan have become havens for those in need of abortion services. This upcoming election, Michiganders have a chance to restore the rights that the U.S. Supreme Court took away when it struck down Roe v. Wade. Even before the overturning of Roe v. Wade, abortion restrictions in other states forced many pregnant persons to travel out of state for care. In 2021, approximately one-in-ten abortions were performed on pregnant individuals who had traveled across state lines to obtain abortion care. When more severe abortion restrictions took effect after Dobbs, women from anti-choice states began crossing state lines in even greater numbers, crowding waiting rooms in pro-choice states and leading to longer waiting times for this time-sensitive care. By expanding access to abortions, even if just for veterans and their family members, the VA Rule will greatly assist pro-choice States in addressing this rapidly expanding need and protecting the health of their residents.

In filing the comment letter, AG Nessel joins the attorneys general of California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

 A copy of the comment letter is available here.

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