In a move that dismantles a key pillar of the previous administration’s post-Dobbs strategy, the Department of Justice has issued a binding legal opinion barring the Department of Veterans Affairs (VA) from funding abortion services. The decision, handed down by the Office of Legal Counsel (OLC), reverses a 2022 Biden-era directive, arguing that the agency had been operating in direct violation of federal law.
This is not merely a policy shift; it is a statutory showdown. The DOJ is asserting that the executive branch cannot write its own loopholes into clear congressional statutes. By strictly interpreting the Veterans Health Care Act of 1992, the Trump administration is closing off one of the few remaining avenues for federal abortion access, signaling a return to a strict constructionist view of agency power.
[Image: Department of Justice building exterior]
“That Language is Unambiguous”
The crux of the DOJ’s argument lies in the text of the 1992 law. The Biden administration had argued that the VA Secretary possesses “broad discretion” to determine what medical services are necessary for veterans, using that latitude to offer abortion counseling and procedures after the Supreme Court overturned Roe v. Wade.
Joshua Craddock, Deputy Assistant Attorney General, rejected that theory outright.
“That discretion is not limitless,” Craddock wrote. “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. That language is unambiguous.”
Under this new binding interpretation, the only exceptions are for life-threatening circumstances, such as ectopic pregnancies or miscarriages. The opinion notably excludes exceptions for rape or incest, a restriction that critics argue leaves female veterans vulnerable.
The OLC: The “Supreme Court” of the Executive Branch
To understand the weight of this move, one must understand the Office of Legal Counsel. It functions as the “Supreme Court” within the executive branch. Its opinions are legally binding on federal agencies.
[Image: VA Secretary Doug Collins]
When the OLC speaks, the agency must listen. VA Press Secretary Peter Kasperowicz confirmed that the department is “complying with it immediately.” This highlights the immense power of the executive to reshape the law without Congress ever taking a vote. In 2022, the OLC said “Yes”; in 2025, the OLC says “No.” The statute didn’t change—only the lawyers interpreting it did.
The Human Cost and the Numbers
The Biden administration had predicted that its rule would be necessary to provide up to 1,000 abortions per year for veterans living in states with strict bans. However, the Trump administration revealed that the actual number was roughly 140 per year.
[Image: Veterans Affairs medical center entrance]
While the number is lower than projected, the impact on those 140 veterans is profound. Groups like Democracy Forward have slammed the reversal as “callous and inhumane,” arguing that veterans who “sacrificed so much for our country” are being denied essential reproductive care.
Constitutional Tidbit: This dispute touches on the Major Questions Doctrine, a legal theory increasingly favored by conservatives. It holds that agencies cannot decide issues of vast “economic and political significance” unless Congress has explicitly authorized them to do so. The DOJ is essentially arguing that Congress never gave the VA the power to become an abortion provider.
The reversal brings the VA back in line with the Hyde Amendment principles that govern other federal funding, ensuring that taxpayer dollars are generally not used for abortion services. For the veterans navigating the complex patchwork of state laws, however, the federal safety net they relied on for the last three years has just been cut.