EXCLUSIVE — A coalition of prominent anti-abortion organizations urged President Donald Trump’s acting Attorney General Todd Blanche to overturn a Biden-era Justice Department opinion that permits abortion drugs to be sent through the mail.
In a Friday letter sent to the DOJ and obtained by the Washington Examiner, the groups applauded Blanche’s pledge to review whether the Office of Legal Counsel’s interpretation of the Comstock Act “reflects the actual statutory text that Congress enacted.” The appeal came as senators prepared to consider his nomination for attorney general, and just days after Blanche privately reassured faith leaders about the ongoing review of the abortion drug mifepristone.
“We applaud your commitment,” the coalition wrote, adding “We hope your review begins soon and are confident you will conclude that the Comstock Act the OLC opinion describes is not the one Congress enacted.”
Anti-abortion advocates have fixated on a Biden administration December 2022 OLC opinion concluding that federal law does not prohibit mailing mifepristone or misoprostol when the sender lacks the intent that the recipient will use the drugs unlawfully. During his July 15 confirmation hearing, Blanche said he would “carefully evaluate every lawful action available to ensure the faithful enforcement of the Comstock Act.”
The letter was organized by Advancing American Freedom, an organization founded by former Vice President Mike Pence. Signatories include SBA Pro-Life America, Students for Life of America, Americans United for Life, Concerned Women for America, the Human Coalition, and the Ethics and Religious Liberty Commission.
The groups’ notice to the acting attorney general follows a report on Tuesday from Politico about a leaked recording of Blanche’s discussion with religious faith leaders last week, which has since been deleted, while certain clips remain on social media. In it, he discussed making “the Dobbs decision permanent in every single state,” referencing the 2022 Supreme Court ruling that returned abortion policy to elected officials and the states by overturning Roe v. Wade.
The Biden-era DOJ opinion addressed the Comstock Act, a 19th-century anti-obscenity law that bars mailing an “article or thing designed, adapted, or intended for producing abortion.” Under former Attorney General Merrick Garland, the department reasoned that the drugs have lawful uses in every state, including miscarriage treatment, and that a sender, therefore, cannot necessarily know they will be used illegally.
But the coalition’s letter argued that interpretation adds an intent requirement not found in the law, and thereby renders it practically unenforceable.
“A sender’s subjective intent and a recipient’s intended use are unknowable, making the Comstock Act a dead letter,” the groups wrote.
The Dobbs decision unleashed a patchwork of state abortion laws and intensified disputes over abortion pills prescribed online and mailed across state lines. In June, the Food and Drug Administration began its latest safety study and data review regarding mifepristone distribution and usage. Current federal rules allowing telehealth prescribing remain in effect.
Pressure on the FDA to be its reexamination hit a fever pitch after the Supreme Court in may left in place the current rules governing abortion-pill access while Louisiana’s challenge to the agency’s mifepristone regulations continued in lower courts.
Since then, more than 80 anti-abortion groups have called on Blanche to the lawsuit Louisiana v. FDA through a consent decree that would halt mail-order mifepristone while the FDA completes its safety review of the drug.
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Thirteen states, including Texas, Tennessee, and Louisiana, enforce total abortion bans, according to the Guttmacher Institute. Other states have imposed narrower limits: Florida and South Carolina prohibit abortion pills through telehealth, while Arkansas, Kentucky, and Oklahoma prohibit mailing the drugs.
Read the full letter to Blanche below: