The Justice Department has issued a legal opinion in defense of the recent decision by the Department of Veterans Affairs to provide abortions to veterans in some cases.
The decision was controversial because of the recent Supreme Court decision striking down Roe v. Wade and returning decision making authority regarding abortion law to the states.
Shortly after the Court’s ruling was issued, the VA announced that it would offer abortions to veterans “when the life or health of the pregnant Veteran would be endangered if the pregnancy were carried to term, or when the pregnancy is the result of rape or incest” even in states where it would not be legal to provide the services.
In a recent legal opinion, the Justice Department states:
VA’s rule lawfully eliminated earlier regulatory exclusions that had prevented VA from providing abortion services and abortion counseling to veterans whom VA serves pursuant to VA’s general treatment authority, 38 U.S.C. § 1710. VA’s rule also lawfully eliminated regulatory exclu- sions that had prevented VA from providing certain abortion services and abortion counseling to beneficiaries of the Civilian Health and Medical Program of the Department of Veterans Affairs (“CHAMPVA”) whom VA serves pursuant to 38 U.S.C. § 1781.
DOJ came to this conclusion based on analysis of historic cases. One concept it looked at was intergovernmental immunity. According to USLegal.com, intergovernmental immunity “…prevents federal government and individual...
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