In a significant shift from the Biden administration’s policies on abortion, the Trump administration has prohibited the Department of Veterans Affairs (VA) from performing abortions for veterans and their dependents.
According to a memo issued on December 18, Assistant Attorney General Joshua Craddock from the Justice Department’s Office of Legal Counsel (OLC) informed the Veterans Administration that it lacks the legal authority to perform abortions under any law. The Hill reported on this development.
The memo revoked guidance from the Biden administration that permitted the VA to offer abortions and counseling services to pregnant veterans and their dependents. In September 2022, the Biden administration had introduced rules allowing eligible veterans to access taxpayer-funded abortions and counseling in situations involving risks to health or cases of rape and incest. This move followed the Supreme Court’s reversal of the 1973 Roe v. Wade decision, which established a constitutional right to abortion.
Reportedly, an internal memo from December 22 directed leaders of the department’s regional networks to adhere to the OLC memo, stating that the VA would cease providing abortions or counseling without delay.
The internal documents also mentioned that there are no restrictions on the VA’s ability to offer medical care to pregnant women in critical conditions, including treatment for ectopic pregnancies and miscarriages.
Peter Kasperowich, a spokesperson for the Department of Veterans Affairs, confirmed that they are promptly enacting the Justice Department’s guidance. He added that this opinion aligns with the VA’s proposed regulations, which are still in progress.
This memo comes as the VA anticipates the finalization of regulations proposed in August aimed at reversing the abortion policies established during the Biden administration.
In its proposed guidelines, the Trump-era VA criticized the previous policies as not just factually incorrect but legally dubious, stating that they deviated from over twenty years of precedent.
The agency noted: “Legally, the Veterans Administration has the authority to prevent abortion services from being provided through VA healthcare benefits. From 1999 until 2022, this was indeed the case. It was only in 2022 that this policy was overturned, ostensibly in response to the Supreme Court’s ruling—which sought to limit federal authority over abortion services and return such decisions to the states.”
Yet, the previous administration’s use of that ruling appeared to create an unprecedented federal right to abortion for veterans, irrespective of state regulations. Although there were predictions of high demand for veteran abortions, that did not come to fruition.
The proposal from the Trump administration would permit abortions solely if the mother’s life is threatened, while still ensuring access to care for ectopic pregnancies and miscarriages.
The VA’s rationale behind the proposed rules emphasized that Congress intended the department to provide only essential medical services to veterans and their families, asserting that abortion does not qualify as an essential VA service unless the mother’s life is at risk.
This proposed regulation aims to reinforce the VA’s role as a provider of critical healthcare services for individuals who have served the country, according to the VA’s statement.
