DOJ reverses Biden-era rule that allowed VA to commit abortions

The Department of Justice (DOJ) has reversed a Biden-era decision that allowed the Department of Veterans Affairs (VA) to commit abortions at the expense of taxpayers.

Key Takeaways:

In 2022, the DOJ's Office of Legal Counsel determined that federal law allows the VA to commit abortions on veterans at the expense of taxpayers at any point in pregnancy.
The Biden-era decision followed the overturning of Roe v. Wade in June 2022 and was an "unprecedented" departure from previous rules on abortion, the VA, and taxpayer dollars.
In August 2025, the VA issued a new rule that again prohibited abortion from VA medical benefits.
A memorandum released from DOJ Deputy Assistant Attorney General Josh Craddock on Monday confirmed that the VA "may not provide abortion services."

The Details:

A memorandum opinion released by the DOJ on Monday and written by Deputy Assistant Attorney General Josh Craddock states, "The Department of Veterans Affairs may not provide abortion services under any provision of chapter 17 of title 38 of the U.S. Code."

The Biden administration, following the June 2022 overturning of Roe v. Wade, told the VA that its doctors could commit abortions, despite federal law prohibiting taxpayer dollars from funding abortions.

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Craddock explained,

In 2022, this Office advised that federal law authorizes the Department of Veterans Affairs ("VA") and its employees to provide abortion services. ... Our opinion, which memorialized and expanded on earlier advice, interpreted federal laws as conferring 'broad discretion' on the Secretary of Veterans Affairs in this area... And its logic suggested the unprecedented conclusion that VA could lawfully provide taxpayer-funded abortions for any reason and at any stage of pregnancy — including after fetal viability and until birth.

That advice led to a VA rule that authorized VA doctors to commit abortions under Chapter 17 of Title 38 of the U.S. Code. That chapter governs hospital, nursing home, domiciliary, and medical care for veterans. It had never previously allowed for abortion.

In August 2025, the VA "proposed a new rule 'to reinstate the full exclusion on abortions and abortion counseling from the medical benefits package, which was removed in 2022,'" wrote Craddock.

He added that existing law “unambiguously commands that VA may not provide abortions when furnishing medical care under 38 U.S.C. § 1710 or any other provision in chapter 17 of Title 38."

He noted, “Nothing about our interpretation of section 106 undermines VA’s authority to provide infertility services or authorized pregnancy care..."

The memorandum confirms, "[W]e are compelled to conclude that VA may not provide abortions under any provision of chapter 17 of title 38 of the U.S. Code, contrary to the conclusion of our 2022 opinion."

The Bottom Line:

The VA will now ensure its medical package and Civilian Health and Medical Program benefits exclude abortion, as they did prior to the 2022 agency rule.

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