The U.S. Senate squashed an effort Wednesday by Democratic lawmakers to overturn the Department of Veterans Affairs’ ban on abortions or abortion counseling for VA patients.
In a 50-48 vote, the Senate rejected a proposal by Sen. Richard Blumenthal of Connecticut, the ranking Democrat on the Senate Veterans Affairs Committee, to reinstate VA coverage of abortions.
Blumenthal said the ban, which went into effect last year, was the most restrictive in the federal health care system, noting that it bans the procedure in cases of rape or incest and prohibits physicians from advising veteran patients of their options.
“Many of them suffer from service-connected disabilities that increase the risks associated with pregnancy, and many have experienced military sexual trauma during their time of service. To betray them and take away this kind of health care — their ability to receive an abortion in the most harrowing situation — is unconscionable,” Blumenthal said during a press conference prior to the vote.
The VA finalized a rule Dec. 31 that prohibits the procedure at VA medical centers unless the veteran’s life is at risk. The new policy overturned a policy implemented in September 2022 that allowed the VA to provide the procedure or cover the cost in cases of rape, incest or endangerment of the life or health of the mother.
That policy, implemented by then VA Secretary Denis McDonough, was made in response to the Supreme Court’s ruling to overturn Roe v. Wade, removing constitutional protections for abortions.
In overturning the 2022 decision, VA Secretary Doug Collins said veterans will continue to have access to the procedure in medical emergencies. He added that the change represents a return to VA regulations under administrations of Presidents George W. Bush, Bill Clinton and Barack Obama.
A federal law known as the Hyde Amendment bans the use of federal funds for abortion with exceptions for rape, incest or threat to the life of the mother.
Democratic lawmakers say the VA change represents the most restrictive limitations on the procedure in the federal government. The Defense Department and other federal health agencies follow the Hyde Amendment, providing abortion services or covers the cost of the procedure in cases of rape, incest or threat to the mother.
“A female service member who was raped prior to transitioning out of the military … is no longer covered by the VA to have an abortion. If she was still on active duty, DoD would pay or perform the abortion. Even if she was serving in federal prison, she would be covered,” Disabled American Veterans Deputy National Legislative Director Naomi Mathis said during the press conference Wednesday.
Between September 2022 and August 2025, the VA had covered or provided abortions to roughly 100 veterans and 40 CHAMPVA patients, according to data provided by the VA.
Blumenthal’s proposal would have opened debate on whether to repeal the VA’s ban. The vote fell nearly unanimously along party lines, with 50 Republicans voting no and two Republicans, Sen. Susan Collins of Maine and Sen. Lisa Murkowski of Alaska, joining 46 Democrats voting yes.
The motion failed.
“Republicans just voted to uphold an abortion ban for 462,000 women veterans — even in cases of rape, incest, or if their health is endangered. Shamefully, they are denying women veterans who have been raped or whose health is at risk the essential health care they need,” Blumenthal said in a statement after the vote.
Patricia Kime is a senior writer covering military and veterans health care, medicine and personnel issues.
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