Republican Senators Push for Reinterpretation of Comstock Act During Contentious DOJ Hearing
This story first appeared on Bonnie Fuller’s Substack.
Republican senators scored a significant victory during the confirmation hearing of acting Attorney General Todd Blanche as they pushed for a review of the Department of Justice’s stance on the mailing of abortion pills. On July 15, Blanche faced pressure from Texas Senators John Cornyn and Ted Cruz to restrict the distribution of mifepristone, a medication used in abortions, via mail.
Blanche agreed to revisit the DOJ’s interpretation of the 1973 Comstock Act, which currently permits the mailing of abortion medications nationwide. The DOJ had previously issued a legal opinion under former President Joe Biden, stating that the Comstock Act of 1873, which prohibits sending “abortion-causing articles” through mail, is not applicable to modern abortion medications.
Senator Ted Cruz urged Blanche to “commit to carefully reviewing that opinion to ensure that it faithfully reflects the actual statutory text that Congress enacted” in 1873. Blanche confirmed, “yes, I will.”
Should the DOJ change its interpretation, it could allow the Trump administration to prevent women in states with abortion bans from obtaining abortion pills through mail services. Senator John Cornyn also obtained a promise from Blanche to review the Comstock Act, alleging that mifepristone is distributed without medical guidance, a statement that contradicts the requirement for a telemedicine consultation before prescription.
Mifepristone is part of a two-pill regimen used for abortions, which includes misoprostol. “There are strict state laws about prescribing mifepristone through telemedicine,” asserts attorney Julie F. Kay, Founder and CEO of Reproductive Futures.
Controversy Over Abortion Medication Safety
Senator Cornyn further claimed that mifepristone has caused harm to women, citing side effects like heavy bleeding and infections. However, since its FDA approval in 2000, mifepristone has shown an adverse reaction rate of less than 1%. The American College of Obstetricians and Gynecologists (ACOG) describes it as “safe and effective.”
Alabama Senator Katie Britt, identifying as a “champion of the unborn,” expressed concerns over the FDA’s decision to allow mifepristone to be mailed during the COVID pandemic and since 2021 under Biden’s administration. Senator Josh Hawley presented data on alleged increases in abortions in Missouri, though the source of his data was unclear.
Despite these claims, abortions in Missouri were illegal after Roe v. Wade was overturned and only became legal again in 2025 after a constitutional amendment was passed. However, access remains limited due to a shortage of clinics and ongoing legislative efforts to restrict abortions further.
Rising Popularity of Medication Abortions
Republican senators’ frustration is partly due to the rising popularity of medication abortions. By 2023, medication abortions accounted for 65% of all abortions, facilitated through telemedicine. States with Republican-controlled legislatures and abortion bans report high rates of medication abortions, with 95% in Wyoming and 84% in Montana.
Nationally, the number of abortions has increased since the overturning of Roe v. Wade, placing pressure on Republican senators to curb the distribution of abortion pills.
Claims of Protecting Women Amid Rising Maternal Mortality
Senators Hawley and Britt argued for the protection of women from being coerced into abortions, although such situations have yet to be proven in court. Meanwhile, they have not publicly addressed the 56% increase in maternal mortality in Texas since abortion bans began in 2021. The US has the highest maternal mortality rate among high-income countries, with 22.3 women per 100,000 dying.
Organizations supporting mifepristone access vow to resist any attempts to limit its availability. “Attacks like Todd Blanche’s are yet another humiliating bid for support from anti-abortion extremists, but abortion medication isn’t ever going away,” assures Lizzy Hinkley of the Abortion Coalition for Telemedicine. Liz Wagner from the Center for Reproductive Rights adds, “Whether in a clinic or via telehealth, medication abortion is popular and the anti-abortion movement can’t stand it.”
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