Andrew Bailey
Missouri Attorney General
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Attorney General Bailey Files Amicus Brief to Block the VA from Providing Taxpayer-Funded Abortions

Home 9 Press Release 9 Attorney General Bailey Files Amicus Brief to Block the VA from Providing Taxpayer-Funded Abortions
Feb 15, 2023, 13:41 PM by AG Bailey
In an effort to enforce the laws as written, Attorney General Andrew Bailey filed an amicus brief with 17 other attorneys general supporting an injunction against a U.S. Department of Veterans Affairs (“VA”) rule that forces Missouri taxpayers to fund abortions. The brief has been filed with the U.S. District Court for the Western District of Texas in support of a VA nurse who opposes the new rule.

“I want to enforce the laws as written, which includes protecting Missouri’s unborn children from this blatant attack on state sovereignty,” said Attorney General Bailey. “The people’s elected representatives have spoken on the issue of abortion, and my office will use every tool at its disposal to defend Missouri’s taxpayer dollars from funding abortion.”

In September 2022, the VA enacted a new rule that veterans and their beneficiaries can obtain taxpayer-funded abortions, which marked a sharp departure from previous policy. Not only does the VA lack authority to institute such a change, but the rule violates federal laws that prohibit the VA from providing abortion on-demand.

That the VA has decided to act unlawfully in lockstep with the rest of the Biden Administration and its pro-abortion agenda also violates our system of federalism. The Dobbs decision made clear that the responsibility for creating laws governing abortion rests primarily with the states, not the federal government.

The brief states: “The fact that States already soundly legislate in this area suggests that the real motivation behind the VA’s rule is to create a mechanism for allowing purely elective abortions that States have properly prohibited or to send a political signal to the Administration’s political base—or both.”

Prior to submitting the amicus brief, Attorney General Bailey sent a letter to the VA challenging the new rule. That letter can be accessed here: https://ago.mo.gov/docs/default-source/press-releases/ms-letter-re-veterans-affairs-ifr—final.pdf?sfvrsn=a80d53a9_2

Joining Attorney General Bailey in filing the suit are the attorneys general of Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia.

The full amicus brief can be read here: https://ago.mo.gov/docs/default-source/press-releases/carter-v-mcdonough-(w-d-tex-)–amicus-brief.pdf?sfvrsn=2da9a9e0_2