DoD looks to protect troops, civilian employees from prosecution over new abortion laws - Military Times
The Supreme Court’s decision to overturn Roe v. Wade and remove federal protection of abortion access will affect troops and their families in myriad ways, many of which the Defense Department is still trying to work out.
One thing the Pentagon does intend to do in response, according to a memo released Tuesday, is work with the Justice Department to make sure DoD health care staff aren’t prosecuted for helping troops obtain abortions.
“It is the Department of Justice’s longstanding position that states generally may not impose criminal or civil liability on federal employees who perform their duties in a manner authorized by federal law,” wrote Gil Cisneros, the defense under secretary for personnel and readiness, adding that he would work with DoJ to “ensure access to counsel for such civilian employees and service members if needed and as appropriate.”
This will particularly be an issue for any DoD health care employees who, for example, refer troops to out-of-state facilities to secure abortions.
Service members and their dependents are only able to use their health insurance to cover abortions in cases of rape, incest or when the pregnancy threatens the life of the mother. However, many military treatment facilities don’t employ staff or keep equipment to perform the procedures. Instead, they refer patients to private facilities off base.
While many states with recently passed abortion restrictions do make exceptions for rape, incest and health of the mother, there...
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