Reproduction, Money, and the Military: The Court Decides Tricare Doesn’t Have to Pay

On August 18, 2005, the United States Court of Appeals for the Ninth Circuit upheld a federal law that prohibits military health insurance from paying for abortions.

Although the Ninth Circuit has a reputation of being the most "liberal" of the federal courts, the three-judge panel unanimously agreed that the Medical Program for the Uniformed Services, or Tricare, is not required to cover the cost of any abortion unless the mother’s life is at risk.

Case details

The woman who brought forward the case (and who has remained anonymous) had an abortion in 2002 after doctors told her that her fetus had no forebrain or cerebellum and could not possibly survive. This condition, known as anencephaly, is specifically mentioned in the federal law, which clearly states that there are no exceptions for fetal abnormalities.

The woman and her husband, who is in the Navy, sued the military health plan in 2002 for the cost of the abortion, and the judge in that case ordered Tricare to cover it. A contributing factor in this first case seemed to be the couple’s inability to pay, their combined annual income was $20,000 per year, and the procedure cost $3,000.

The government appealed this decision, with the Justice Department arguing that the law’s restrictions fostered the government’s intention to protect human life.

Appeal arguments

In the appeal, lawyers argued that providing an exemption for anencephaly would be a "slippery slope," causing the court to determine which fetal abnormalities justified abortion.

But Lisa M. Stone, the executive director of the Northwest Women’s Law Center that represented the woman, said the government’s "right to life" stance was illogical in this case, since everyone agreed that the fetus would not survive.

The Court of Appeals did not concur with the pro-life stance, but decided the case according to precedent. In their decision, the judges referred to Harris v. McRae, the 1980 case in which the Supreme Court upheld legislation that prevents the Medicaid program from paying for abortions except when the mother’s life is threatened.

Abortion and the courts

Questions about reproductive rights are typically answered by the courts, which is one reason that women should pay careful attention to the nomination of John G. Roberts Jr. to the Supreme Court.

Fifty-thousand pages of Reagan-era records were recently released to the public, revealing Roberts’ political views when he was White House counsel. The documents show that Roberts was a steadfast supporter of the Reagan administration, which maintained a clear anti-abortion stance.

Senate Democrats are asking the White House to also make available records from Roberts’ time as principal deputy solicitor for President George Bush, Sr. So far, the Bush administration has refused to make these documents public.

For more on John G. Roberts, click here.

In your mind, what is the proper relationship between reproductive rights and the courts? Should a Supreme Court nominee be asked directly about her or his views on abortion? Why or why not? Should health insurance cover the costs of abortion?

What do you think?

WomenMatter is a place to discuss life issues with other women. We don’t want to wedge women apart, but rather bring them together to dialogue. To participate in our blog, click here.

WomenMatter encourages women to educate themselves on the issues and then approach their representatives with ideas.

Your voice is vital. Make sure your leaders know what’s important to you. To see how your representatives vote and to contact them, click here.

WomenMatter is dedicated to empowering women to participate in the political process. To do this we have invested in the most in-depth NONPARTISAN information, because we trust each woman to make up her own mind.

• We track nine issues every week and update this website several times a week.
• We launch after school GirlsMatter Clubs in middle and high schools to grow the next generation of politically aware women through a full curriculum and startup kit on girlsmatter.com.
• We do continuous research to make sure that we are meeting the needs of women across the country of all ages, races, incomes, preferences, and religions.
• We provide partnerships with nonpartisan organizations that provide services to women and advocate for them.

We offer all our services free of charge without memberships or subscriptions. To help us maintain this work - not just in election years but as a continuing part of women’s lives - please make a tax deductible donation, click here.

Update Posted on: 8/21/2005