WASHINGTON — The Department of Defense will continue to perform covered abortions, consistent with federal law, in the aftermath of the U.S. Supreme Court decision to overturn Roe v. Wade.
“Federal law restricts the Department from performing abortions or paying to have them performed unless the life of the mother would be endangered if the fetus were carried to term, or unless the pregnancy is the result of rape or incest (”covered abortions”).
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“The Supreme Court’s decision does not prohibit the Department from continuing to perform covered abortions, consistent with federal law. There will be no interruption to this care. Health care providers will continue to follow existing departmental policy, and the leadership of military medical treatment facilities will implement measures to ensure continued access to care,” Gilbert Cisneros, under secretary of defense for personnel and readiness, wrote in a memo dated June 28 to senior Pentagon leadership, defense agency and DoD field activity directors.
“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. We will work with the Department of Justice to ensure access to counsel for such civilian employees and Service members if needed and as appropriate.”
The high court’s decision also does not affect the DoD’s leave policies.
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Existing Department policy authorizes active duty Service members to travel as necessary to receive abortion care - either as Government-funded, official travel for a covered abortion, or at the Service member’s own expense on regular leave for all other cases.”
The implications of the court’s decision are complicated and must be evaluated against various state laws, together with the views of the Department of Justice.
“We are reviewing our current policies and procedures and, along with the Secretaries of the Military Departments and the DoD Office of General Counsel, will assess the impact of DoD policies and state laws triggered by the Dobbs ruling on DoD personnel and beneficiaries. We will issue additional guidance as appropriate.”
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