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VA secretary refutes rumors of health care denial to Democrats, the unwed

A fact check on rumors of discriminatory VA health care practices
A fact check on rumors of discriminatory VA health care practices 02:05

For many U.S. veterans, fear is spreading over rumors that an executive order signed by President Trump gives VA doctors the right to refuse treatment to unmarried veterans and Democrats.

Doug Collins, secretary of the Department of Veteran Affairs, calls the rumors misinformation, citing the department's Directive 1019, which governs all medical services provided by the VA and prohibits discrimination on the basis of marital status or political affiliation.

Legal minds point to two clauses of the U.S. Constitution that prove the executive order signed by Mr. Trump does not trump the constitution.

"The most important clause of the Constitution, it's the Supremacy Clause, Article Six of the Constitution, that says the Constitution and treaties and laws made by Congress are the supreme law of the land," said David Schultz, political science professor at Hamline University. "And the reason why I say that is presidential executive orders do not supersede federal law."

Schultz says not treating someone based on political party affiliation gets into all sorts of First Amendment, free speech-type of issues.

"There's a whole line of court cases that go back 50 years that the government may not generally discriminate against you based upon your partisan political persuasion," Schultz said.

Collins said in a statement, "all eligible veterans will always be welcome at the VA and will always receive the benefits and services they've earned under the law."

Schultz adds the fact that doctors take an oath to "do no harm" plays a big role in how all patients are treated.

"If somebody comes in and needs treatment, and you refuse to treat that person and that person dies, it is not impossible that there could be some criminal laws, such as like homicide, manslaughter that might kick in also," he said.

The VA has asked that the reports be retracted. Veterans who have questions and concerns are encouraged to call their local VA or reach out to their Congressional representative.

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