ST. LOUIS–Some women in Missouri could soon have broader access to a legal abortion in the state despite a trigger law which took effect shortly after the U.S. Supreme Court overturned Roe v. Wade earlier this year.

The Department of Veterans Affairs announced Friday that it had submitted an interim final rule that would allow the department to provide access to abortion counseling and abortions to pregnant Veterans and their beneficiaries in cases of rape, incest, or the health of the mother, regardless of state restrictions.

In Missouri, current statutes don’t allow abortions in case of rape or incest, and don’t explicitly define the kind of medical emergency that would qualify as threatening the life of the mother. 

“We came to this decision after listening to VA health care providers and Veterans across the country, who sounded the alarm that abortion restrictions are creating a medical emergency for those we serve. Offering this care will save Veterans’ health and lives, and there is nothing more important than that,” Dr. Shereef Elnahal, VA’s Under Secretary for Health said in a news release which said veterans are at a greater risk of pregnancy-related complications because of higher rates of chronic health conditions.

The services would also be available to those covered by the The Civilian Health and Medical Program, or CHAMP.

The department said “The determination of whether the “life and health of the pregnant Veteran would be endangered if the pregnancy were carried to term” will be made on a case-by-case basis and will be the result of careful consultation between VA health care providers and the Veterans they serve. In cases of rape or incest, self-reporting from a Veteran or VA beneficiary will constitute sufficient evidence that an act of rape or incest occurred.”

Metro East area U.S. Rep. Mike Bost (R-Illinois), who serves on the House Armed Services Committee, condemned the move. 

"Abortion is wrong, and Congress prohibited VA from providing it decades ago,” said Bost. “This proposal is contrary to longstanding, settled law and a complete administrative overreach. I oppose it and am already working to put a stop to it," he said in a statement.

The policy shift comes as the city of St. Louis and Missouri’s Attorney General argue in court over a board bill passed this summer which would let the city fund logistical support needed to go out of state to receive abortion services. A suit filed in circuit court has been moved to federal court.