Connect with us

State News

New fight opens in Congress over VA policy that sidesteps state abortion bans

Published

on

WASHINGTON — Democrats in the U.S. Senate are confident the Department of Veterans Affairs can implement a new policy that allows its doctors to provide abortions when the pregnancy threatens the patient’s life or health, or when it’s the result of rape or incest.

The VA announced the new policy last week to cheers from Democrats who have been searching for ways to broaden abortion access in states where the procedure has been outlawed since the U.S. Supreme Court ended the constitutional right to abortion in June. Abortion counseling and services would be provided to pregnant veterans and their beneficiaries in limited circumstances.

But Republicans have sharply criticized the VA for changing its longstanding no-abortions policy, with some pledging to keep the status quo.

Illinois Democratic Sen. Tammy Duckworth said this week that because VA hospitals are linked to teaching hospitals, those health care providers will have physicians on staff with the medical knowledge to perform the procedure.

In addition, Massachusetts Democratic Sen. Elizabeth Warren said the Department of Justice would protect doctors from prosecution in states where abortion is now banned or heavily restricted.

“One of the strengths of VA health care is that every major VA hospital is affiliated with a teaching university, a medical university teaching facility,” Duckworth said. “So the skill, the ability to perform the procedures will be there.”

VA doctors also aren’t necessarily licensed in the state where they practice, she said, which means they likely would not face legal ramifications in states that have banned or restricted abortion.

VA doctors’ medical licenses could not be revoked for following VA abortion policy when it differs from state law “because many of them don’t have a license in that state because they are operating at the federal level,” Duckworth said.

Warren said she has “no doubt” that if a state’s attorney general or other prosecutor tries to put a VA health care provider in prison for acting in line with the VA’s new abortion policy, the U.S. Department of Justice will go to bat.

“The Department of Justice is there to defend the VA when the VA is acting in accordance with federal law,” Warren said.

Republicans vow to stop VA policy

Republicans pledged opposition. “This proposal is contrary to longstanding, settled law and a complete administrative overreach,” Illinois Republican Rep. Mike Bost, ranking member on the House Veterans’ Affairs Committee, said in a statement last week. “I oppose it and am already working to put a stop to it.”

Alabama Attorney General Steve Marshall told AL.com that he plans to prosecute any health care provider who violates the state’s abortion law.

“I have no intention of abdicating my duty to enforce the Unborn Life Protection Act against any practitioner who unlawfully conducts abortions in the State of Alabama,” Marshall told AL.com in a statement. “The power of states to protect unborn life is settled.”

Alabama’s abortion law bans the procedure unless the woman’s life or health is at risk, meaning Marshall would likely be trying to prosecute VA-affiliated doctors who end pregnancies that were the result of rape or incest.

The sharp GOP criticism of the new abortion policy is expected to lead to court challenges. If upheld, it could mean that a future Republican president would push the VA to reverse course, banning all abortions once again.

Arkansas Sen. John Boozman, the top Republican on the panel that funds the VA, said Thursday he expects the court system may end up deciding whether the Biden administration had the authority to change the policy.

“In the past, we’ve had to carry legislation, specifically for in vitro fertilization. And now all of a sudden, they’re talking about abortion services at the VA, so I don’t think they have the authority to do it,” Boozman said.

The specific situations in which the VA could provide abortion to ensure the life or health of the woman are “very vague,” Boozman said. “Because of that, I think I and many others are very concerned,” he said.

Florida GOP Sen. Marco Rubio, who said shortly after the announcement the decision was “grotesque and illegal,” said this week that he expects a future Republican president would undo the policy if it lasts that long.

“Well, if the current president switched it, a future president could switch it back,” Rubio said.

Mexico City Policy

The flip-flopping on abortion policy isn’t without precedent.

The so-called Mexico City Policy, or ‘global gag rule,’ changes every time control of the White House moves from one party to the other.

Originally implemented by President Ronald Reagan in 1984, the policy, when in place during Republican presidencies, prevents nongovernmental organizations operating in foreign countries from performing or actively promoting “abortion as a method of family planning” if they want to receive U.S. foreign aid dollars.

Montana Democratic Sen. Jon Tester, chairman of the Veterans’ Affairs Committee, said Thursday he believes the VA did have the authority to change its abortion policy “because the VA is charged with taking care of people.”

He, however, expects it will be challenged in court.

“I hope they’re unsuccessful because, quite frankly, then what the VA would have to do is say, ‘Look, there’s a medical procedure we can’t use, so you’ll have to die.’ I think that’d be a pretty horrible thing, especially since most of the people who work in the VA are there because of the veterans, they are not there for any other reason,” Tester said.

Hawaii Democratic Sen. Mazie Hirono said she expects Republicans will do “everything they can to stop” the VA from providing abortions for patients whose life or health is at risk, or those that are the result of rape or incest.

She said she’s confident the VA has the authority to terminate pregnancies.

“They are going to provide abortions until a court order or some legal proceeding tells them they can’t do it,” she said. “But until then they can do it. They will do it.”

by Jennifer Shutt, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
68°
Mostly Cloudy
7:05 am7:02 pm EDT
Feels like: 68°F
Wind: 10mph NW
Humidity: 54%
Pressure: 29.77"Hg
UV index: 3
MonTueWed
70°F / 59°F
75°F / 57°F
82°F / 57°F
Health4 hours ago

Three Common Myths About STBBIs Explained

Health4 hours ago

Standing Counts, but Walking Counts More

Local News1 day ago

VDOT: Warren County Traffic Alert for September 28 – October 2, 2026

State News1 day ago

Virginia Health Committee Considers Mandating Licensed Nurses in Every School

State News1 day ago

After Obama-Era Chesapeake Bay Executive Order Rescinded, Environmental Groups Brace for Fallout

State News1 day ago

Federal Judge Strikes Down SNAP Deadline That Put Virginia at Risk of Added Costs

Community Events2 days ago

Children Activities by Samuels Public Library for the Month of October

Local News2 days ago

 $5,000 Match Challenge to Support Warren County Children on Give Like Dolly Day

Crime/Court2 days ago

October 23rd Set for Post-Discovery Motions Hearing in Bradley Treece Gunfire Incident With Neighbors

Local News2 days ago

Virginia State Police Seize More Than $1 Million in Drugs During Weeklong Operations

Obituaries2 days ago

Jolissa Steele Shifflett Mathews (1944 – 2026)

State News2 days ago

False Birth Control Claims are Proliferating, Survey Says

Business Growth Series2 days ago

Business Growth Series: Your Work Environment Is Affecting Your Growth

Interesting Things to Know2 days ago

Frog Hunting Offers Virginians a Different Kind of Outdoor Adventure

Real Estate2 days ago

How the Tech Bros Shop for a House

Local Government3 days ago

County Supervisors Fill Vacant Planning Commission Seat, Look to Future on Processes and Capital Improvements

Historically Speaking3 days ago

America 250: ‘I Only Regret That I Have but One Life to Lose for My Country’

Jefferson Forum3 days ago

Building Gas Plants More Important Than Dominion Sale, Data Center Politics

LifeSavor3 days ago

Home Inspectors Help Buyers and Sellers Understand a Property’s Condition

Interesting Things to Know3 days ago

Bowling Together: Why Work Is More Than a Paycheck

Community Events4 days ago

This Week’s Showtimes at Royal Cinemas as of September 24th

report logo
Arrest Logs4 days ago

POLICE: 7 Day FRPD Arrest Report 9/21/2026

Local News4 days ago

Blue Ridge Wildlife Center Patient of the Week: Eastern Cottontail

Local News4 days ago

UVA Health Review Examines Real-World Results of Incisionless Liver Tumor Treatment

Obituaries4 days ago

Maximilian James Donora (1995 – 2026)