Minority Veterans of America v. Secretary of Veterans Affairs

On May 15, 2026, the National Women’s Law Center, in partnership with Democracy Forward, filed a lawsuit on behalf of Minority Veterans of America (MVA), seeking to overturn VA’s draconian abortion ban.

Why It Matters

Veterans undertake significant sacrifices to defend our fundamental freedoms. They, like all people, deserve the freedom to make their own decisions about their bodies and futures, without political interference.

Summary

In 2022, the U.S. Department of Veterans Affairs (VA) expanded access to abortion services at VA facilities, permitting abortion care when the pregnancy was the result of rape or incest or when the pregnancy would endanger the life or health of the pregnant person. VA also permitted access to abortion counseling, so that veterans and their dependents could obtain comprehensive information about their options and make informed decisions about their health care.

In 2025, under the Trump-Vance Administration, VA rolled back this access and implemented the strictest abortion ban among all federal programs. Now, VA’s extreme policy bans abortion counseling and care in nearly all circumstances, with only a narrow exception for when a provider determines that the patient’s life is in danger. The ban applies even in cases of rape, incest, or serious health risks for the pregnant person.

Restricting veterans’ health care access is especially callous because veterans face a multitude of factors that make it more likely they will need this essential health care. Many veterans, for example, are older when they become pregnant because they delay starting families until after their service. Veterans also often have complex health conditions related to their military service, including service-related injuries, chronic health issues, and toxic exposures. Veterans also face disproportionately high rates of sexual assault, which can also lead to significant health impacts. The Trump-Vance Administration’s decision to single out veterans and their dependents for the harshest abortion ban across federal programs is thus particularly cruel.

Our Lawsuit

On May 15, 2026, the National Women’s Law Center, in partnership with Democracy Forward, filed a lawsuit on behalf of Minority Veterans of America (MVA), seeking to overturn VA’s draconian abortion ban.

The lawsuit, filed in the U.S. Court of Appeals for the Federal Circuit, argues that VA violated the Administrative Procedure Act by relying on an erroneous interpretation of governing law and failing to provide any reasoned explanation for its decision-making.

MVA’s members have already experienced harm from this extreme policy, including one pregnant member who has chronic medical conditions and a long history of pregnancy complications. The lawsuit argues that the VA abortion ban poses a direct threat to this member’s health since VA providers are prohibited from discussing all her pregnancy options with her or providing abortion care unless her life is in danger. No one should have to wait until their life is at risk to receive the care they need.