Oregon AG joins 23 others to fight VA rule cutting off abortion access

(KTVZ) -- Oregon Attorney General Dan Rayfield is urging a federal appeals court to restore reproductive health care access for veterans and their families. Rayfield joined a coalition of 23 attorneys general in challenging a U.S. Department of Veterans Affairs rule implemented by the Trump administration in December 2025. The rule eliminated abortion access for approximately 90% of individuals who previously qualified under federal policy.

The legal challenge, Minority Veterans of America v. Secretary of Veterans Affairs, addresses regulations governing medical care across the VA system. In 2022, the VA began allowing abortion care for veterans, survivors and dependents in cases involving rape, incest or threats to the patient's health, while also allowing VA doctors to counsel patients about abortion. The December 2025 policy change reversed those protections, restricting care in nearly all situations.

State officials noted that implementation statistics from the first year of the 2022 policy demonstrated why access was necessary. During that initial year, 73% of patients receiving abortion care through the VA had pregnancies that threatened their health, 10% faced life-threatening conditions and 17% were survivors of rape. Rayfield criticized the administration's decision to eliminate the policy.

“Veterans and their families put everything on the line to serve this country. No veteran should have to wonder what will happen if a pregnancy turns dangerous,” Rayfield said. “This rule takes care away from the people who need it most and leaves doctors second-guessing themselves in an emergency.”

In the amicus brief, the coalition argues that the rule puts veterans' health and finances at risk. Veterans face higher rates of severe pregnancy complications, including preeclampsia, high blood pressure and gestational diabetes. The brief notes that obtaining care outside the VA is unrealistic for many patients, pointing out that 43% of women of reproductive age lack enough savings to cover the typical $563 cost of a medication abortion.

The brief also warns that the rule leaves doctors guessing during medical emergencies. While the regulation notes that certain family members and survivors can receive life-saving abortion care, it does not explicitly state the same for veterans themselves. State officials argue this gap could cause physicians to delay emergency treatment out of fear of losing their medical licenses or facing jail time.

Furthermore, the brief notes that since the end of Roe v. Wade, at least seven deaths have been documented where interference with emergency care played a role. State officials emphasize that the VA rule is stricter than most state abortion bans and departs from federal emergency care law, which requires hospitals to stabilize patients during serious medical emergencies.

Additionally, the rule prevents VA doctors from discussing abortion as a medical option, leaving patients without essential information. State leaders argue this dynamic shifts financial burdens onto state health care systems, forcing veterans onto Medicaid programs like the Oregon Health Plan. The coalition previously submitted a detailed comment letter in September 2025, but the VA finalized the rule without changes.

Rayfield filed the brief alongside attorneys general from Arizona, Calif., Colo., Conn., Del., Hawaii, Ill., Maine, Md., Mass., Mich., Minn., Nev., N.J., N.M., N.Y., N.C., R.I., Vt., Va., Wash. and the District of Columbia.