A new forever war: Pentagon’s post-Roe abortion stance ignites political, legal fights -
Far from providing certainty, the Defense Department’s controversial decision to fund out-of-state travel for female service members seeking abortions — announced just after the Supreme Court reversed Roe v. Wade last summer — has instead sparked a host of new high-stakes questions and could create the most personal of political footballs.
President Biden’s Justice Department argues that the Pentagon’s new abortion policy, which will offer time off, travel reimbursements and other aid to female troops who must leave their state to get a legal abortion elsewhere, is on solid legal footing. Supporters note that many large U.S. bases are in the South and other conservative parts of the country where state legislatures have rushed to impose or reinstate abortion curbs.
Ms. Laguardia said that there are other instances in which some federal funding may help facilitate abortions, such as the transport of an inmate at a federal prison to get an abortion offsite. She and others argue that makes clear that the Hyde Amendment doesn’t create a blanket ban on all federal funding that enables abortions.
The Justice Department stood behind the policy, with Assistant Attorney General Christopher H. Schroeder writing in the October memo that the Pentagon “may lawfully expend funds for this purpose under its express statutory authorities” without violating federal law.
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