FIRST ON FOX: Sen. Lindsey Graham, R-S.C., is proposing a legal route to overturn the Pentagon’s abortion policy as Alabama Sen. Tommy Tuberville continues his blockade on hundreds of military promotions.
Graham tapped conservative attorney Jay Sekulow for legal advice. Sekulow is “confident” a lawsuit could be brought against the Department of Defense.
“This is a use of funds that’s prohibited by law,” Graham told Fox News Digital in an interview Thursday. “And certainly was never authorized by the Congress, and Jay is a pretty smart guy. He thinks that there’s a great chance of success in the courts.”
Graham will need the support of House Speaker Mike Johnson, R-La., to bolster momentum in court. The main argument, Graham said, is that the policy violates the 1976 Hyde Amendment, which prohibits the use of federal funds to pay for abortion services except in cases of rape, incest or when the life of the mother is at risk.
Additionally, the provision was implemented without Congress’ approval after Roe v. Wade was overturned last year.
Graham is optimistic a court battle could bring a bigger return for the GOP,