Staff Reports
The push by a broad coalition of pro‑life groups to pressure Attorney General Todd Blanche to roll back the Biden‑era approach to mail‑order abortion drugs is the story everyone should be watching. These groups want the Justice Department to revisit a Justice Office of Legal Counsel memo on the Comstock Act and to stop the federal shield that has allowed mifepristone to be prescribed by telehealth and shipped across state lines. With the FDA conducting a safety review and several court cases still unresolved, the Attorney General’s next moves could change access to medication abortion nationwide.
DOJ Review, the Comstock Act, and Attorney General Todd Blanche
The old Comstock Act is an 1873 law that once made it a crime to mail certain “obscene” items. A 2022 OLC opinion said the Comstock Act does not block mailing drugs that could be used for abortions unless the sender intends an illegal use. Pro‑life lawyers say that memo lets the drug companies and telehealth vendors ship mifepristone with impunity. Attorney General Todd Blanche told senators he would review that opinion. That review is the leverage these groups have hoped for — and it could mean DOJ changes how it defends or enforces federal law against mail‑order abortion.
The Legal Battlefield: FDA REMS, Louisiana v. FDA, and Court Delays
The FDA’s 2023 change to the mifepristone REMS removed a required in‑person pickup and opened the door to telehealth and mail delivery. Several states sued, arguing the FDA overstepped. Judges have issued mixed rulings, and many courts paused decisions while the FDA finishes a safety review. If DOJ shifts positions or the OLC memo is narrowed, it could tip pending appeals and affect the way the courts treat the REMS rule. In short: this is where policy, votes, and the law collide — and the results will reach far beyond any single state.
Why Mail‑Order Mifepristone Matters — Med‑Abortion Is Now the Majority
Medication abortion now makes up the majority of abortions in America. That is why changing telehealth and mail rules matters. Pro‑life advocates argue mail‑order mifepristone enables coercion and hides abortion behind a screen. Medical groups reply that clinician‑guided medication abortion has a strong safety record. Those are the facts on the table — but the real policy question is whether the federal government will let a delivery model erase state law differences and make nationwide access the new norm.
What Attorney General Blanche Should Do
Attorney General Todd Blanche can do two sensible things: review the OLC memo openly, and, if it’s flawed, rescind or narrow it so the Comstock Act can do what Congress intended — stop unlawful interstate mail schemes. That won’t outlaw legitimate medicine, but it will reassert that the federal government cannot be a courier service for controversial medical practices that skirt state limits. If the DOJ shrugs and leaves the current policy in place, it will have chosen national convenience over the rule of law and the safety concerns voiced by many Americans. And if you think shipping abortion pills is mere “health care,” try mailing a scalpel next and see how fast your argument holds up.
The coming weeks will show whether the new Attorney General means what he said about reviewing OLC opinions. Courts are waiting on the FDA review, advocates are lining up on both sides, and millions of medication‑abortion decisions hang in the balance. This is a legal fight with real consequences — and it deserves clear answers, not more bureaucratic dodging.
