DOJ walks back Biden-era abortion policy, bars VA from funding procedures

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

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

OLC Deputy Assistant Attorney General Joshua Craddock wrote that while the secretary of Veterans Affairs has wide latitude over what types of medical services it offers to the millions of veterans under its purview, "that discretion is not limitless." The Veterans Health Care Act "makes clear" that the VA is restricted to providing abortion services only when a pregnancy carries certain types of risks, Craddock wrote.

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"That language is unambiguous," Craddock said. A footnote noted that the only exceptions consistent with the law were abortions for "life-threatening circumstances, including treatment for ectopic pregnancies or miscarriages."

Asked about whether the VA was providing abortions, press secretary Peter Kasperowicz told Fox News Digital it was not, attributing the halt to the DOJ's new interpretation of the law.

"The DOJ’s opinion states that VA is not legally authorized to provide abortions, and VA is complying with it immediately," Kasperowicz said, noting that the DOJ's opinion was consistent with a new Trump administration rule proposal that was still going through the regulatory process.

That Trump administration’s rule also suggested that the Biden administration had oversold the need for an abortion policy change. The prior administration had predicted the agency would need to provide some 1,000 abortions per year in the wake of post-Dobbs restrictions on abortions in various states. However, the VA has since 2022 been providing roughly 140 per year, the administration said.

The VA, led by Secretary Doug Collins, operates dozens of medical centers throughout the country and offers lifelong health services to about 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.

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The progressive group Democracy Forward blasted the VA for shifting its policy, noting it was "fueled by" OLC's opinion and did not include an exception for rape.

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