Senate Democrats on March 27 asked Secretary of Defense Lloyd Austin to “protect abortion” for U.S. military service members.
In 2022, the Supreme Court struck down the decades-long precedent of Roe v. Wade, which placed federal restrictions on states’ rights to regulate and ban abortion. In the case Dobbs v. Jackson Women’s Health Organization, the Supreme Court ruled that the Constitution provided no right to abortion, and consequently returned the issue to the states for adjudication.
Subsequently, many state laws placing limits on abortion went into effect immediately, as many states had passed abortion laws in preparation for the overturning of Roe v. Wade.
Democrats immediately protested the decision, which its critics portrayed as a step back for women’s rights.
However, the party’s federal options to respond to the decision are limited in view of Senate rules that make passing federal legislation difficult.
As Pentagon chief, Austin has made some moves to maintain abortion access.
In two directives—one issued in October 2022, the other in February 2023—Austin has offered pregnant women in the military federal assistance to travel, fund transportation, and take time off to travel out of state for an abortion.
In their letter to Austin, Democrats expressed “strong support” for these policies.
“It is imperative that the Department of Defense (DOD) continue to take action to protect the rights of service members and their families to access abortion care,” the letter states, citing ongoing legal challenges to the second most popular abortion drug. The Federal Drug Administration’s authorization of the drug in question, mifepristone, is the subject of a pending federal lawsuit.
Shaheen suggested that women in the military accessing abortions is crucial to U.S. national security.
Citing estimates that show that 40 percent of female service members have “limited” access to abortion, Shaheen wrote: “When service members are assigned to duty stations either domestically or overseas, their placement is determined by the needs of the U.S. military. Women service members, who make up approximately 17% of active duty military, have no say in where they are stationed, even if their duty station is in a state that severely limits or restricts access to abortion or other critical reproductive health services.
“It is unacceptable that service members or their dependents should face limited or no access to abortion care simply because of where they are stationed as part of their service to the United States,” Shaheen added.
Shaheen suggested that opposition to abortion suggests that “the United States does not trust those who serve in uniform ... to make their own decisions about their health care and families.”
Shaheen contended that the Dobbs decision also plays a role in the U.S. military’s ongoing recruitment issues.
“Recruiting and retention will only be made more challenging as states continue to ban or restrict access to abortion services, sending a message that certain service members’ autonomy and ability to get the health care they need does not matter, and putting into place additional barriers and undue burdens for service members and their families.”
Concluding the letter, Democrats called on the DOD to continue Austin’s policy of maximizing access to abortion for women in the military.
However, Shaheen said even Austin’s policies still fall short: “The Department must also consider the numerous barriers that service members still face in accessing abortion care under its new policy, including stigma and discrimination, out-of-pocket costs, delayed wait times, and the volatility of abortion access from state to state as legislatures move to enact abortion bans.”
Several prominent Democrats, including a litany of Democrats who portray themselves as moderates, signed the letter, including Sens. Catherine Cortez Masto (D-Nev.), Mark Kelly (D-Ariz.), Maggie Hassan (D-N.H.), Mark Warner (D-Va.).
