{"database": "press", "table": "releases", "rows": [["https://www.hirono.senate.gov/news/press-releases/following-hirono-led-push-doj-confirms-va-has-legal-authority-to-provide-abortion-care-va-providers-are-protected-from-state-level-prosecution", "Following Hirono-led Push, DOJ Confirms VA Has Legal Authority to Provide Abortion Care, VA Providers are Protected From State-Level Prosecution", "2022-09-23", "2022", "2022-09", "Democrat", "Senate", "HI", "Mazie K. Hirono", "H001042", "www.hirono.senate.gov", "hirono", "https://www.hirono.senate.gov/news/press-releases", "scraper", "WASHINGTON, D.C. \u2013 Following a successful push led by Senator Mazie K. Hirono, member of the Senate Veterans Affairs Committee, to get the Department of Veterans Affairs (VA) to begin providing abortion services, the U.S. Department of Justice (DOJ) confirmed in a legal opinion that VA has the legal authority to provide abortion services in cases of rape, incest, and the life or health of the patient. Additionally, DOJ concluded that VA doctors and health care providers who perform abortion services are protected from prosecution, including in states that have outlawed abortion in the wake of the Supreme Court\u2019s disastrous Dobbs decision overturning Roe v. Wade.\n\nIn a September 21st opinion, Christopher H. Schroeder, Assistant Attorney General for the Office of Legal Counsel, concluded that, \u201cThe rule issued by the Department of Veterans Affairs on Reproductive Health Services is a lawful exercise of VA\u2019s authority.\u201d\n\nAfter the VA issued an Interim Final Rule (IFR) to allow the Veterans Health Administration (VHA) to provide abortions in certain instances\u2014which Senator Hirono called for in a letter in July\u2014the Attorney General of Alabama said that he \u201cwould enforce the law against any practitioner in the state who performs an abortion.\u201d However, the OLC opinion makes clear that VA providers cannot be prosecuted under state laws banning abortion.\n\n\u201cStates may not impose criminal or civil liability on VA employees\u2014including doctors, nurses, and administrative staff\u2014who provide or facilitate abortions or related services in a manner authorized by federal law, including VA\u2019s rule,\u201d Schroeder continued in his memo. \u201cThe Supremacy Clause of the U.S. Constitution bars state officials from penalizing VA employees for performing their federal functions, whether through criminal prosecution, license revocation proceedings, or civil litigation.\u201d\n\n\u201cThe VA\u2019s decision to provide abortion services in instances of rape, incest, and the life or health of the mother will save lives,\u201d said Senator Hirono. \u201cThis OLC opinion confirms that VA has the authority to provide abortion care, and that VA providers cannot be prosecuted simply for doing their jobs. While Republicans sow chaos and fear as they work to ban abortion nationwide, I\u2019ll continue fighting to make sure all Americans can access comprehensive reproductive and abortion care.\u201d\n\nThe OLC opinion is available here and DOJ\u2019s letter to Senator Hirono highlighting the legal authority is available here.\n\nA long-time champion for abortion access, Senator Hirono is committed to protecting the fundamental right to abortion care for all. Earlier this month, Senator Hirono introduced the Let Doctors Provide Reproductive Health Care Act to protect doctors against Republicans\u2019 non-stop attacks and ensure they can safely provide abortion care in states where it is still legal. She also led a letter to the Department of Health and Human Services urging them to make medication abortion more easily accessible. In July, she introduced the Right to Contraception Act, as well as the Expanding Access to Family Planning Act, to protect access to critical reproductive health care services, like birth control, and cancer screenings. Senator Hirono also introduced the Freedom to Travel for Health Care Act of 2022, which clarifies that it is illegal for anti-choice states to limit travel for abortion services, and would empower impacted individuals to bring civil action against those who restrict a woman\u2019s right to cross state lines to receive legal reproductive care.\n\n###", 1, "2026-03-30T01:40:41Z", "2026-04-08T03:08:33Z"]], "columns": ["url", "title", "date", "year", "month", "party", "chamber", "state", "member_name", "bioguide_id", "domain", "scraper", "source", "date_source", "text", "has_text", "collected_at", "updated_at"], "primary_keys": ["url"], "primary_key_values": ["https://www.hirono.senate.gov/news/press-releases/following-hirono-led-push-doj-confirms-va-has-legal-authority-to-provide-abortion-care-va-providers-are-protected-from-state-level-prosecution"], "units": {}, "query_ms": 1.833431189879775, "source": "dwillis/congress-press", "source_url": "https://github.com/dwillis/congress-press", "license": "MIT", "license_url": "https://github.com/dwillis/congress-press/blob/main/LICENSE"}