VA reinstates abortion restrictions after DOJ ruling, critics claim 'attack on reproductive freedom'

WASHINGTON, DC: The Department of Veterans Affairs confirmed on Friday, December 26, that it will no longer provide abortion services in most cases, citing a legal opinion that concluded the agency lacks authority to do so.

VA Press Secretary Pete Kasperowicz said that the change follows a memo from the Justice Department’s Office of Legal Counsel, which determined that the VA is not legally authorized to offer abortion procedures except under limited circumstances.

The shift reverses a policy adopted in 2022 after the Supreme Court overturned Roe v Wade, which had allowed abortions through the VA in cases of r**e, in**st, or when a pregnancy posed health risks.

VA abortion ban reinstated after DOJ memo

"The Department of Justice’s opinion states that VA is not legally authorized to provide abortions, and VA is complying with it immediately," Kasperowicz told CBS News.

Under the updated guidance, the VA will reinstate what it described as "the full exclusion on abortions and abortion counseling from the medical benefits package."

The sole remaining exception applies when "a physician certifies that the life of the mother would be endangered if the fetus were carried to term," language the agency said is intended to address situations such as ectopic pregnancies and miscarriages.

Democrats condemn 'cruel' reversal

The policy change drew swift criticism from Democratic lawmakers.

Sen Patty Murray, a Democrat from Washington, said the decision undermines reproductive health care access for veterans.

She described the reversal on X as "yet another attack on reproductive freedom and a betrayal of veterans who put their lives on the line for our country."

Rep Judy Chu, a Democrat from California, also criticized the move, calling it "cruel" and "dangerous," and highlighted its impact on survivors of military s***al trauma.

VA claims high demand 'never materialized'

In its proposed rule, the VA said that it has clear authority to restrict abortion services under federal law.

The agency argued that the 2022 policy was adopted in response to the Dobbs decision and based on projections of increased demand that did not occur.

According to the VA, the anticipated surge in requests for abortion services "never materialized," a factor cited in support of restoring the prior exclusion.

Advocacy groups criticized the change, warning it would significantly limit health care options for veterans.

The Center for Reproductive Rights said that the policy effectively blocks access to abortion services through the VA system, including in states where abortion remains legal.