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A Justice Department opinion published Monday reversed the Biden administration’s order that allowed Veterans Affairs to provide taxpayer-funded abortions, concluding that federal law prevents the VA from providing abortion services in most cases.
The DOJ’s Office of Legal Counsel said that in theory the law the Biden administration issued in 2022, after the landmark Dobbs Supreme Court decision, violates the law.
OLC Deputy Assistant Attorney General Josh Craddock wrote that while the secretary of Veterans Affairs has broad discretion over what types of medical services he provides to the millions of veterans under his jurisdiction, “that discretion is not limited.” The Veterans Health Care Act “makes clear” that the VA is limited to providing abortion services only when the pregnancy has certain types of risks, Craddock wrote.
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Department of Justice, Washington, DC (Stock)
“That language doesn’t taste good,” said Craddock. The footnote noted that the only exceptions to the law were abortions “for life-threatening conditions, including the treatment of ectopic pregnancy or miscarriage.”
When asked if the VA was performing abortions, press secretary Peter Kasperowicz told Fox News Digital that it was not, saying the DOJ suspension explained the new law.
“The DOJ’s opinion is that the VA is not legally authorized to perform abortions, and the VA is quickly complying with it,” Kasperowicz said, noting that the DOJ’s opinion was consistent with the Trump administration’s proposed new rule that was still in the regulatory process.
Former President Joe Biden delivers his remarks on the US Supreme Court decision on June 29, 2023. (Chris Kleponis / Pool/Sipa USA)
That the Trump administration has also suggested that the Biden administration pass on the need to change abortion policy. Previous administrations had predicted that the agency would need to provide about 1,000 abortions a year after post-Dobbs abortion restrictions in various states. However, the VA as of 2022 has been providing about 140 a year, the administration said.
The VA, led by Secretary Doug Collins, operates dozens of medical facilities across the country and provides lifelong health services to 9 million veterans and other eligible 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.
APPROXIMATELY 37,000 VA EMPLOYEES RELEASED OR WORKING OUTSIDE THE GOVERNMENT HAS BEEN CLOSED.
Doug Collins testifies during his confirmation hearing for the Senate Veterans’ Affairs Committee in the Dirksen Senate Office Building on Jan. 21, 2025 in Washington, DC. (Samuel Corum/Getty Images)
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The progressive group Democracy Forward criticized the VA for changing its policy, noting that it was “inspired” by the OLC opinion and did not include a rape exception.
“Denying veterans from essential health care and abortion — even in cases of rape or health risk — after they have sacrificed so much for our country is stupid and barbaric,” said Democracy Forward President Skye Perryman, adding that veterans should “have the freedom to make their own health care decisions.”
