Sen. Patty Murray slams Trump’s abortion ban for veterans

Sen. Patty Murray criticized a Trump administration overhaul to veterans’ abortion access this week after the Justice Department issued an opinion barring the federal government from providing abortion services to veterans and their dependents in cases of rape, incest or when the pregnancy threatens their health.

The Department of Veterans Affairs, which provides health coverage for millions of veterans and their dependents, did not include abortion in its coverage until 2022, when the Biden administration added it in limited circumstances months after the Supreme Court overturned Roe v. Wade. The Justice Department, in a Dec. 18 memo, said the Biden-era rule is not valid, and the VA had to immediately stop any abortion services provided under that rule.

This move sped up the ban, which was first proposed by the Trump administration earlier this year and was still making its way through the normal rule-making process.

Murray, D-Wash., called it “a backdoor move by the Trump administration to impose a near-total abortion ban at VA is an outrageous assault on veterans’ health care and a profound betrayal of veterans who have put their lives on the line for our country.”

In her statement, issued earlier this week, Murray said, the “VA already prohibits abortion care except in incredibly limited circumstances – this change goes even further, blocking women veterans whose health is in danger, or who are survivors of rape or incest, from getting the basic care they need. It’s shameful and indefensible.”

Murray is a senior member and former chair of the Senate Committee on Veterans’ Affairs. She had previously urged the VA to allow abortion services following the overturning of Roe v. Wade, which let states control abortion access, to ensure veterans living in states with abortion bans could access such services.

Abortion remains legal in Washington until fetal viability, which is generally about 24 to 26 weeks of pregnancy, but 16 states have severely restricted abortion access, barring the procedure after six weeks or banning it entirely with very narrow exceptions. Democrats have warned that Republicans are trying to restrict abortion access more broadly, as battles such as Medicaid funds for Planned Parenthood rage on.

“Over the past year, Trump and Republicans have shown they will do everything in their power to restrict abortion access so they can ultimately ban abortion nationwide,” Murray added.

President Donald Trump took sharp aim at reproductive rights during his first term, and his second administration has since sought to undo Biden-era initiatives intended to protect and expand abortion access in the wake of Roe v. Wade’s overturning. The Justice Department in January scaled back prosecutions for blocking access to reproductive health centers – the Biden administration had pursued dozens of these cases – and Trump within days of taking office signed an executive order revoking orders issued by Biden that signaled federal support for reproductive rights.

The Trump administration first filed a proposed rule in August attempting to ban Veterans Affairs from providing abortion services in its health coverage, calling Biden’s 2022 rule change “inappropriate” and “legally questionable.”

“For decades, VA had consistently interpreted abortion services as not ‘needed’ medical services and therefore not covered by the medical benefits package,” the proposed rule states, adding that abortions will remain permitted when a physician certifies the mother’s life is endangered if a fetus is carried to term.

The proposed rule drew more than 24,000 public comments at the time, gaining ire from Washington state abortion rights advocates as well.

The Washington State Coalition Against Domestic Violence in September wrote that it “is deeply concerned that the Proposed Rule would roll back critical reproductive health care access for veterans and their families – particularly those who have experienced sexual and domestic violence.”

“Veterans in Washington State and across the country deserve access to comprehensive, trauma-informed health care,” the group added.

The administration has yet to publish a final rule, which will require at least another 30 days before taking effect. But the Justice Department’s December opinion sidestepped the formal process.

“The Department of Justice’s opinion states that VA is not legally authorized to provide abortions, and VA is complying with it immediately,” Pete Kasperowicz, Veterans Affairs press secretary, said in an emailed statement Wednesday. “DOJ’s opinion is consistent with VA’s proposed rule, which continues to work its way through the regulatory process.”

The veterans’ health program provides care for about 9 million veterans, with more than 1,300 facilities nationwide, including at least eight within 50 miles of Seattle.

There are more than 494,000 veterans in Washington state, nearly 60,000 of whom are women. Veterans and their dependents in Washington will not be able receive abortion services at VA hospitals or medical facilities, and will have to pay out-of-pocket for such services elsewhere.