Senator Plans to Hold Up Military Promotions Until at Least August Recess, Over Pentagon’s Abortion Policy

Argues federal funding shouldn't cover most abortion procedures

Sen. Tommy Tuberville (R-Ala.) speaks to reporters in the Senate Subway of the U.S. Capitol Building in Washington, on July 19, 2023. Anna Moneymaker/Getty Images

Sen. Tommy Tuberville (R-Ala.) said he is unlikely to budge on his hold on top military promotions and nominations before the five-week August Senate recess.

Mr. Tuberville told The Hill he is “not going to change” his mind when asked whether he would drop his hold on military promotions before the five-week recess.

He also suggested that the Biden administration has not seriously addressed the standoff. “I’ve had almost zero communication with the White House,” he said.

The Senate approves thousands of civilian and military nominations annually. The process is normally conducted through unanimous consent.

Mr. Tuberville has blocked hundreds of promotions and nominations because he objects to the Pentagon’s new abortion policy, which, in part, allows for taxpayer-funded paid leave and reimbursements for service members who travel across state lines for an abortion.

He also objects the manner in which the policy was implemented—not via Congress. Mr. Tuberville has said Congress should pass a law if taxpayers’ money is to be used for abortions.

The lone senator has also argued that federal funding should not cover abortion procedures except in cases of rape, incest, or when the mother’s life is at risk. This is currently provided under the Hyde Amendment, which bars federal funding for most abortions except for the aforementioned circumstances.

“Federal law only allows the military to provide abortions in three very narrow circumstances: rape, incest, and threat to the life of the mother,” the senator said on the Senate floor on March 23. “Yet the Biden administration has turned the DOD into an abortion travel agency. They did it by using just a memo.”

Hundreds of Promotions Halted

Secretary of Defense Lloyd Austin directed the creation of the memo (pdf), which was announced on Oct. 20, 2022. It outlines the policy that gives 21 days of paid leave for military members who want to get an abortion or accompany a spouse or other dependent to get one. The policy also reimburses travel costs for people who can’t get an abortion locally due to state restrictions.

“The efforts taken by the Department today will not only ensure that service members and their families are afforded time and flexibility to make private health care decisions, but will also ensure service members are able to access non-covered reproductive health care regardless of where they are stationed,” a February news release from the Pentagon said.

Close to 300 promotions of senior officers have been halted.  The Pentagon estimates that number will rise to 650 by the end of the year.

On July 22, Mr. Tuberville wrote on Twitter: “An unprecedented change to the military’s abortion policy ought to go before the people’s elected representatives in Congress. No matter what Democrats say, I’m going to keep my word.”

Mr. Tuberville has pledged to end his holdout if he is granted a vote in the Senate on the Pentagon’s abortion policy.

Senate Majority Leader Charles Schumer (D-N.Y.) speaks to the media following the weekly policy luncheons at the U.S. Capitol in Washington on June 21, 2023. Kevin Dietsch/Getty Images

Senate Majority Leader Chuck Schumer (D-N.Y.) said if Mr. Tuberville and other GOP senators want a vote on DOD abortion policy, the Democrats would not oppose it.

“If he wants to have an affirmative vote, we would not object to it. Tuberville said he wanted a vote, we’ll see what happens,” Mr. Schumer told NBC News.

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Republicans Support, Democrats Oppose

Mr. Tuberville’s remarks on Tuesday come a day after eight Senate Armed Services Committee members—seven Democrats and one independent—urged Senate Minority Leader Mitch McConnell (R-Ky.) to persuade Mr. Tuberville, who is also a member of the Armed Services Committee, to end his holdout.

The eight senators said in a letter to Mr. McConnell they had “deep concern” for the stability of the Armed Services and national security, and wanted to protect the military’s readiness.

“In the coming months, more than half of the current Joint Chiefs are required to vacate their posts, and due to Senator Tuberville’s stonewalling, they’ll do so without a Senate-approved successor in place,” the senators wrote in their letter to Mr. McConnell.

“During this time of heightened global tensions, failing to fill these critical positions is not only imprudent but risks our national security.”

They also said that Mr. Tuberville’s holdout is “reckless, dangerous, and must end.”

Mr. McConnell had previously indicated he does not support Tuberville’s hold on the military promotions and nominations.

Senate Minority Leader Mitch McConnell (R-Ky.) speaks to the press after meeting President Joe Biden and other leaders at the White House in Washington on May 16, 2023. Madalina Vasiliu/The Epoch Times

Separately, at least 21 Republican lawmakers in the Senate and House previously signaled support for Mr. Tuberville. They told Mr. McConnell and Republican Conference Chair John Barrasso (R-Wyo.) in a letter on April 19 that the Pentagon policy was “implemented unilaterally by Secretary Austin without Congress holding a single hearing or taking a vote.”

Other prominent Republicans who support Mr. Tuberville’s position are Sens. Ted Budd (R-N.C.) and Mike Lee (R-Utah), and Florida Gov. Ron DeSantis.

Ross Muscato contributed to this report.