Reading Room Document
Intergovernmental Immunity for the Department of Veterans Affairs and Its Employees When Providing Certain Abortion Services
The rule issued by the Department of Veterans Affairs on Reproductive Health Services is a lawful exercise of the VA's authority. States may not impose criminal or civil liability on VA employees--including doctors, nurses, and administrative staff--who provide or facilitate abortions or related services in a manner authorized by federal law, including VA's rule. The Supremacy Clause bars state officials from penalizing VA employees for performing their federal functions, whether through criminal prosecution, license revocation proceedings, or civil litigation. The original opinion is available at https://www.justice.gov/olc/file/1537431/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit