DOJ reverses VA abortion policy under Trump after legal review

A Justice Department opinion issued Monday reversed a Biden administration directive that allowed Veterans Affairs to provide taxpayer-funded abortions, concluding that federal law prohibits the VA from offering abortion services in most circumstances.

The DOJ’s Office of Legal Counsel said in its opinion that a rule issued by the Biden administration in 2022, following the Supreme Court’s landmark Dobbs decision, flouted the law.

OLC Deputy Attorney General Josh Craddock wrote that while the Secretary of Veterans Affairs has wide discretion over the types of medical services he provides to the millions of veterans under his jurisdiction, “this discretion is not unlimited.” The Veterans Health Care Act “makes clear” that the VA is limited to providing abortion services only when a pregnancy carries certain types of risks, Craddock wrote.

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Department of Justice, Washington, DC (iStock)

“This language is unambiguous,” Craddock said. A footnote stated that the only exceptions consistent with the law were abortions in “life-threatening circumstances, including the treatment of ectopic pregnancies or miscarriages.”

Asked whether the VA was providing abortions, Press Secretary Peter Kasperowicz told Fox News Digital that it was not, attributing the shutdown to the DOJ’s new interpretation of the law.

“The DOJ notice states that VA is not legally authorized to perform abortions, and VA is complying immediately,” Kasperowicz said, noting that the DOJ notice was consistent with a new Trump administration proposed rule that was still in the regulatory process.

Former President Joe Biden delivers a speech on a U.S. Supreme Court decision, June 29, 2023. (Chris Kleponis / Swimming Pool/Sipa USA)

The Trump administration’s rule also suggested that the Biden administration had exaggerated the need for an abortion policy change. The previous administration predicted the agency would have to perform about 1,000 abortions a year as a result of post-Dobbs restrictions on abortion in various states. However, the VA has been providing about 140 per year since 2022, the administration said.

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

The DOJ OLC advises the executive branch on the legality of its policies, and the administration considers OLC opinions to be binding interpretations of the law.

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Doug Collins testifies during his Senate Veterans Affairs Committee confirmation hearing in 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 blasted the VA for changing its policy, pointing out that it was “fueled by” the OLC’s opinion and did not include an exception for rape.

“Denying veterans access to essential health care and abortion – even in cases of rape or serious health risk – after they have sacrificed so much for our country is callous and inhumane,” said Democracy Forward President Skye Perryman, adding that veterans should have the “freedom to make their own health care decisions.”