The Department of Veterans Affairs (VA) will no longer provide abortion care or counseling to veterans who rely on the agency for health services, even in cases of rape and incest.
The change follows a December 18 legal memo written by Joshua Craddock, a deputy assistant attorney general in the Department of Justice’s Office of Legal Counsel (OLC). The memo concluded that the VA does not have the legal authority to provide abortion services under any provision of existing law.
Why It Matters
President Donald Trump has sought to restrict abortion access since the start of his second administration. In January, Trump signed an executive order to end the use of federal taxpayer dollars to “fund or promote elective abortion.”
According to the VA, more than 900,000 women were enrolled in VA Healthcare in 2023.
What To Know
The determination in the December 18 legal memo overturned a Biden-era opinion that had allowed the VA to offer limited abortion counseling and care.
Under the previous policy, abortions were permitted when a pregnancy resulted from rape or incest, or when continuing the pregnancy threatened the “life and health” of the pregnant person.
VA spokesman Peter Kasperowicz told Newsweek: “The Department of Justice’s opinion states that VA is not legally authorized to provide abortions, and VA is complying with it immediately. DOJ’s opinion is consistent with VA’s proposed rule, which continues to work its way through the regulatory process.”
Services needed when the life of the mother is in danger – such as miscarriages and ectopic pregnancies – are still permitted.
Democrats and reproductive rights groups have condemned the move, while conservative and pro-life movements have welcomed it.
What People Are Saying
Democrat Mark Takano, ranking member of the House Committee on Veterans’ Affairs, said: “As a country, we made a solemn promise to honor veterans’ service and ensure they receive the healthcare they have earned. Veterans should be able to trust that promise and know they can walk into a VA medical center and receive the care they need.
“Instead of trusting veterans to make the healthcare decisions that are best for them, VA is allowing political opinion to supplant its duty to veterans. Instead of allowing veterans to discuss all their healthcare options openly and honestly with their providers, VA has decided that the government should be in charge of making healthcare decisions, even in matters of life and death. And instead of fulfilling its duty to provide needed healthcare to veterans, VA has refused to acknowledge the unique and complex healthcare needs of veterans who are more likely to have complex health conditions that can increase the risks associated with pregnancy. Veterans fought for our rights. Now it’s our responsibility to fight for theirs.”
Mini Timmaraju, the president and CEO of Reproductive Freedom for All, said in a statement: “Trump claims to be a champion for veterans and servicemembers, but he’s ripping away their health care. This decision endangers the health, lives, and futures of the people who have served our country—and it proves what we’ve long warned: Trump and his allies won’t stop until they’ve imposed a national abortion ban.”
Chris Motz, senior counsel for the nonprofit Christian conservative legal organization First Liberty Institute, said: “We commend the DOJ for taking bold steps toward protecting religious freedom for those within the VA by ensuring that health care providers will not be forced to provide abortion services.
“VA doctors and nurses heroically care for our nation’s veterans — they shouldn’t be forced to perform no-limit abortions against their religious beliefs.”
What Happens Next
The change comes before the VA has finalized a formal regulation on abortion coverage and counseling. The proposed rule was issued in August, but a final version has not yet been released. Once finalized, the regulation is expected to include a 30-day implementation period before it officially takes effect.
Until then, the December 18 legal opinion now governs how the VA handles abortion-related care.
