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VA Proposes Rollback of Biden’s Abortion Rule, Limiting Care to Life-Threatening Cases

It would revert to the 1992 law’s abortion exclusion with only narrow life-saving exceptions alongside a 30-day public comment period

The Tibor Rubin Veteran Affairs Medical Center in Long Beach, California, is photographed in 2019.
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This 2021 file photo shows a procedure room at Planned Parenthood in Meridian, Idaho. The nonprofit was one of several plaintiffs who sued Idaho prosecutors and the attorney general to ensure health care providers can refer patients out-of-state for abortion procedures without facing prosecution. (Darin Oswald/Idaho Statesman/Tribune News Service via Getty Images)

Overview

  • Under the proposed rule, the VA would reinstate the 1992 exclusion on abortions and abortion counseling across its medical benefits package and CHAMPVA, restricting procedures to cases certified as life-endangering.
  • The change, published in the Federal Register on August 1, launches a 30-day public comment window through September 3 before the administration can finalize the regulation.
  • VA officials contend the Biden administration’s 2022 expansion exceeded the department’s authority under the Veterans Health Care Act of 1992 and amounted to federal overreach.
  • Sen. James Lankford and other Republican lawmakers praise the move as a return to bipartisan precedent, while the National Women’s Law Center condemns it as stripping veterans of reproductive freedom.
  • The proposal intensifies the post-Dobbs clash over federal versus state control of abortion access within veterans’ health care.