DOJ to revisit legal memo that weakens enforcement of abortion-drug ban

A Justice Department memo released in December 2022 re-interpreted the Comstock Act, which prohibits mailing any item intended for abortion, to apply only when the sender intends unlawful use, a stance that effectively renders the ban unenforceable. Attorney General Todd Blanche has pledged to review that legal opinion. The memo’s reading conflicts with the statute’s ordinary wording and with Supreme Court guidance on statutory interpretation.

Opponents cite the Ethics and Public Policy Center’s analysis of over 850,000 insurance claims, which found nearly 11 percent of mifepristone abortions resulted in serious adverse events, far exceeding industry claims. The FDA, after initially requiring in-person dispensing of the drug, lifted that restriction in 2021, allowing online acquisition without a doctor’s direct supervision. Pro-life groups argue that both the FDA’s policy shift and the DOJ’s memo endanger women’s health and facilitate illegal distribution of the medication into states that have banned it. Blanche’s upcoming review will determine whether the Department will enforce the Comstock Act as originally written.