Sen. Tommy Tuberville (R-AL)
WASHINGTON, DC — Republicans in the House and Senate have reintroduced a resolution to reverse VA’s recent policy change that allows for limited abortion counseling and services at its facilities. The process through which the resolution is being introduced might force a vote on the issue in the Democrat-controlled Senate, although it’s unlikely to result in overturning VA’s new rule.
VA published an interim final rule in September, stating it would be allowing its clinicians to provide abortion counseling and services when a pregnancy endangered the life of the mother or was a result of rape or incest. The rule came as a response to the overturning of Roe v. Wade in June 2022 and the subsequent passage and enforcement of strict abortion bans in many states. According to VA, the bans represent a clear and present danger to the health of women veterans.
“The VA is attempting to circumvent the Supreme Court decision,” declared Sen. Tommy Tuberville (R-AL), who introduced the resolution in the Senate, during a speech on the Senate floor earlier this year. “The VA began performing abortions at taxpayer-funded medical facilities across the country due to the so-called ‘crisis’ created by common-sense restrictions. This includes states like my home state of Alabama, where, by the way, abortion is illegal.”
Tuberville cited the preexisting federal laws that Republicans have pointed to as reasons why VA should not be allowed to provide abortion services. Those are the 1980 Hyde Amendment restricting federal funding for abortions and a 1992 law prohibiting VA specifically from providing abortion services.
Those laws were brought up with VA leaders when they announced the interim rule in September. VA said a 1996 law giving the VA secretary power to allow VA hospitals to furnish additional medical care when needed supersedes the previous laws.
“The VA providing abortions is against the law—absolutely against the law,” Tuberville said. “It is an unconstitutional abuse of the government, and it should not be tolerated.”
He also lambasted DoD, which announced in October that servicemembers requiring an abortion had a right to privacy and that those needing to travel to require one could be provided leave and be reimbursed for transportation costs. Because of that, he has held up military promotions requiring legislative approvals.
Rep. Michael Bost (R-IL), the new chairman of the House Veterans Affairs Committee and one of the resolution’s supporters on the House side said, “Generations of servicemembers and veterans have fought and died to protect the right to life. I firmly believe that abortion is wrong, and Congress prohibited VA from providing it decades ago.”
Now that the Republicans have a majority in the House, it’s likely the resolution will receive a vote there. However, the Congressional Review Act (CRA) under which the bicameral resolution has been submitted provides an avenue by which Republicans could also force it out of committee and to a vote in the Democrat-controlled Senate. If the resolution were delayed in committee, a written petition of 30 senators would force it to be placed on the Senate calendar.
The Senate could then pass the resolution with a simple majority. With a 51-49 seat Democrat majority, it would be uncertain which way the vote would go.
It would likely be vetoed by President Joe Biden, however, unless passed by two-thirds of the members in both houses.
Meanwhile, leading Democrats wrote a letter to Biden last month urging him to take steps to improve abortion access, including expanding the role of VA and DoD in that effort.
“The VA and DoD should continue to ensure that their beneficiaries can access reproductive healthcare without retaliation, and that VA and DoD healthcare providers who performed covered abortions can act without retaliation,” they wrote. “Additionally, DoD should ensure that leaders and commanders have accurate guidance on how to support servicemembers seeking leave, and that military treatment facilities continue to carry contraception.”
