Second Circuit Scrutinizes Role in Deciding Veterans’ IVF Row

Second Circuit judges on Thursday were wary of arguments that the court doesn’t have authority to review a challenge to a federal policy imposing certain requirements on veterans who want to access IVF benefits.

While the Defense and Veterans Affairs departments say federal law requires challenges to the provision of veterans benefits to go through administrative review and that federal district courts lack jurisdiction in most cases to review those issues, the National Organization for Women’s New York City chapter argues there’s an exception for facial constitutional claims.

“When we talk about whether something strips us of our ability to ...