“The full effects of Dobbs on military readiness are yet to be known,” the report says, but it notes several potential problems: Women may not join the service knowing that they could end up in a state with restrictions. If already serving, they may leave. In some states, women face criminal prosecution.
The long arm of Dobbs reaches far into the future, too. For instance, if unintended pregnancies are carried to term, the DoD will need to provide care to women during pregnancy, delivery, and the postpartum period—and the family will need to care for the child. Looking only at women in states with restricted access or bans, the DoD estimates the number of unintended pregnancies annually would be 2800 among civilian employees and between 4400 and 4700 among active-duty service women.
Men are also directly affected: More than 40% of male service members are married to a civilian woman who is a TRICARE dependent, 20% of active-duty service women are married to a fellow service member, and active-duty service men might be responsible for pregnancies among women who are not DoD dependents but who might be unable to get an abortion, the DoD report notes.
Austin has directed the DoD to create a uniform policy that allows for appropriate administrative absence, to establish travel and transportation allowances, and to amend any applicable travel regulations to facilitate official travel to access noncovered reproductive health care that is unavailable within the local area of the service member’s permanent duty station.
So that health care practitioners do not have to face criminal or civil liability or risk losing their licenses, Austin directed the DoD to develop a program to reimburse applicable fees, as appropriate and consistent with applicable federal law, for DoD health care practitioners who wish to become licensed in a state other than that in which they are currently licensed. He also directed the DoD to develop a program to support DoD practitioners who are subject to adverse action, including indemnification of any verdict, judgment, or other monetary award consistent with applicable law.
“Our greatest strength is our people,” Austin wrote. “There is no higher priority than taking care of our people, and ensuring their health and well-being.” He directed that the actions outlined in the memorandum “be executed as soon as possible.”