DOJ reverses VA abortion policy under Trump after legal review
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A Justice Department opinion released Monday concluded that federal law prohibits the VA from providing abortion services in most cases, reversing a Biden administration directive that allowed Veterans Affairs to provide taxpayer-funded abortions.
DOJ Office of Legal Counsel said: idea Following the Supreme Court’s landmark Dobbs decision, it was stated that a rule published by the Biden administration in 2022 violated the law.
OLC Assistant Attorney General Josh Craddock wrote that although the Secretary of Veterans Affairs has broad authority over what types of medical services he provides to the millions of veterans under his jurisdiction, “that discretion is not unlimited.” Craddock wrote that the Veterans Health Care Act “makes clear” that the VA is limited to providing abortion services only in cases where the pregnancy poses certain types of risks.
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Department of Justice, Washington, DC (iStock)
“This language is clear,” Craddock said. A footnote noted that the only exceptions consistent with the law were abortions for “life-threatening conditions, including treatment for ectopic pregnancy or miscarriage.”
When asked if the VA provides abortion services, press secretary Peter Kasperowicz told Fox News Digital that it does not, and attributed the halt to the Justice Department’s new interpretation of the law.
“DOJ’s opinion states that VA is not legally authorized to perform abortions, and VA promptly complied,” Kasperowicz said, noting that DOJ’s opinion is consistent with a new Trump administration rule proposal that is still in the regulatory process.
Former President Joe Biden makes statements regarding the US Supreme Court’s decision dated June 29, 2023. (Chris Kleponis / Havuz/Sipa USA)
The Trump administration’s rule also suggested that the Biden administration was exaggerating the need for abortion policy change. The previous administration had projected that the agency would need to provide about 1,000 abortions a year following post-Dobbs abortion restrictions in several states. But the VA has been providing about 140 per year since 2022, the administration said.
Led by Secretary Doug Collins, the VA operates dozens of medical centers across the country and provides lifelong health care to nearly 9 million veterans and other beneficiaries.
The DOJ OLC advises the executive branch on the legality of its policies, and the administration views the OLC’s opinions as binding interpretations of the law.
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Doug Collins testifies at a Senate Veterans Affairs Committee confirmation hearing at the Dirksen Senate Office Building in Washington, D.C., on January 21, 2025 (Samuel Çorum/Getty Images)
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The progressive group Democracy Forward criticized the VA for changing its policy, stating that the policy was “fueled” by the OLC’s opinion and did not include an exception for rape.
“After sacrificing so much for our country, it is callous and inhumane to deny veterans access to basic health care and abortion, even in cases of rape or serious health risk,” said Democracy Forward President Skye Perryman, adding that veterans should have “the freedom to make their own health care decisions.”
