The lawsuit asks for all abortions at a Texas VA medical facility to be blocked for religious liberties reasons.
Family members say the Marine's father, Joe Garcia, died Thursday of a heart attack.
he case dealing with Alaska and Texas guard members is an amended version of the challenge filed by Texas earlier this month.
Derek Robert Hamm, 38, faces up to 20 years in prison for 33 different charges against him, including wire fraud and stolen valor.
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