Attorney General Matthew J. Platkin has joined a group of 22 attorneys general in opposing a proposed rule from the Department of Veterans Affairs (VA) that would remove access to abortion care for veterans and their families.
The proposed federal rule, introduced by the Trump Administration on August 4, 2025, would reverse the Biden Administration’s “Reproductive Health Services” Rule. This existing rule allows veterans and their survivors and dependents to receive abortion services at VA health centers when the patient’s life or health is at risk or in cases of self-reported rape or incest. The current policy also permits access to abortion counseling at these facilities.
Following an announcement by the Trump Administration that it was reviewing this rule, several attorneys general—including those from New Jersey—met with VA officials and representatives from the Office of Management and Budget on April 8, 2025. They discussed concerns about potential harm to veterans and their families if the rule were rolled back. The coalition submitted a comment letter in response to the VA’s request for public input on its proposal.
“Our service members deserve better than to lose access to critical reproductive healthcare services because of President Trump’s extreme anti-choice political agenda,” said Attorney General Platkin. “This rule change endangers the lives of our veterans and their families. The Trump Administration should put aside partisan politics, and it should not recklessly overturn decades of policy that have protected women in the armed forces. We owe it to our service members to act in their best interests, and any rule that restricts their access to reproductive freedom fails to meet that obligation.”
After the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade, the Biden Administration’s VA issued an interim version of its reproductive health policy on September 2, 2022. On October 11, 2022, Attorney General Platkin filed a comment letter supporting expanded reproductive rights for veterans through VA services. After public feedback was collected, the final version of this policy was published on March 4, 2024.
In recent years since Dobbs v. Jackson Women’s Health Organization, some states have enacted new restrictions or bans on abortion care while others continue considering further limits.
The attorneys general argue that:
– The proposed VA rule lacks clarity about when physicians can provide abortion care; while its preamble suggests exceptions for lifesaving situations (“when a physician certifies that the life of the mother would be endangered if the fetus were carried to term”), its regulatory text prohibits abortions entirely.
– If there is an exception for pregnant survivors or dependents whose lives are at risk, no process is outlined for how individuals might use this exception.
– The proposed changes differ significantly from existing state and federal policies regarding abortion exceptions.
– The justification provided for eliminating access is inadequate; it incorrectly asserts that Congress intended such restrictions within VA healthcare and relies more on political reasoning than medical evidence.
Other states joining New Jersey include California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont Washington as well as Washington D.C.
A copy of the comment letter is available online.
