DOJ reverses VA abortion policy under Trump after legal review

The Justice Department opinion, published Monday, invalidated Biden administration guidance that allowed Veterans Affairs to provide taxpayer-funded abortions, concluding that federal law prohibits the VA from providing abortion services in most circumstances.

The Justice Department’s Office of Legal Counsel said in the opinion that the rule issued by the Biden administration in 2022, following the Supreme Court’s landmark Dobbs decision, violates the law.

OLC Deputy Assistant Attorney General Joshua Craddock wrote that while the VA has broad discretion over the types of medical services he provides to the millions of veterans under his authority, “this discretion is not limitless.” The Veterans Health Care Act “clarifies” that the VA is limited to providing abortion services only when the pregnancy carries certain types of risks, Craddock wrote.

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“This language is unambiguous,” Craddock said. The only exceptions consistent with the law are abortions “for life-threatening conditions, including the treatment of ectopic pregnancies or miscarriages,” a footnote noted.

Asked if the VA was providing abortions, Press Secretary Peter Kasprowicz told Fox News Digital that was not the case, attributing the pause to the Justice Department’s new interpretation of the law.

“The DOJ opinion states that the DOJ is not legally authorized to perform abortions, and the DOJ immediately complies with that,” Kasprowicz said, noting that the DOJ opinion was consistent with the new Trump administration rule proposal that was still going through the regulatory process.

Former President Joe Biden delivers remarks about the US Supreme Court decision on June 29, 2023. (Chris Kleponis/Pool/Siba USA)

The Trump administration’s rule also suggests that the Biden administration overstated the need for abortion policy change. The previous administration projected that the agency would need to provide about 1,000 abortions per year in the wake of post-DOBS restrictions on abortions in various states. However, since 2022, the VA has been providing approximately 140 annually, the department said.

The Department of Veterans Affairs, led by Secretary Doug Collins, operates dozens of medical centers across the country and provides lifelong health services to approximately 9 million veterans and other eligible beneficiaries.

The Department of Justice’s Office of Legal Counsel advises the executive branch on the legality of its policies, and the administration views the opinions of the Office of Legal Counsel as binding interpretations of the law.

Nearly 37,000 VA employees have been furloughed or working without pay amid the government shutdown

Doug Collins testifies during the Senate Veterans Affairs Committee confirmation hearing at the Dirksen Senate Office Building on January 21, 2025 in Washington, DC (Samuel Corum/Getty Images)

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The progressive group democracy Forward criticized the VA for its policy change, stating that it was “fueled” by the opinion of the Office of Legal Counsel and did not include an exception for rape.

“Denying veterans basic health care and access to abortion — even in cases of rape or serious health risks — after they have sacrificed so much for our country is cruel and inhumane,” said Sky Perryman, president of Democracy Forward, adding that veterans should have “the freedom to make their own health care decisions.”