Anti-abortion groups urge attorney general to halt mailing of abortion pills

A group of leading anti-abortion organizations sent a letter to newly confirmed U.S. Attorney General Todd Blanche urging him to review the U.S. Department of Justice’s authority to use  a 150-year-old anti-obscenity law to prevent people from obtaining abortion medication or other related materials through the mail.

Advancing American Freedom, a conservative advocacy group founded by former Republican Vice President Mike Pence, authored the Aug. 7 letter. It is co-signed by four major anti-abortion organizations, including Susan B. Anthony Pro-Life America, Americans United for Life and Students for Life of America. The nearly 30 other signees include the North Carolina House of Representatives, the Oklahoma Council of Public Affairs and The Conservative Caucus.

The Comstock Act, enacted in 1873, made it illegal to send “obscene material” by mail, which included any “article or thing designed, adapted or intended for producing abortion.” The Comstock Act is considered a “zombie law,” meaning it hasn’t been repealed, but has not been enforced in many decades. In 2022, during the Biden administration, the U.S. Department of Justice issued legal guidance stating that Comstock did not prohibit the mail of certain abortion drugs when the sender does not intend for the recipient to use them unlawfully.

“Not only does this language appear nowhere in the Comstock Act but, as a practical matter, a sender’s subjective intent and a recipient’s intended use are unknowable, making the Comstock Act a dead letter,” the letter to Blanche said.

The groups thanked Blanche for pledging to evaluate the 2022 opinion and said they look forward to the result of his review.

In a conference call hosted by the White House Faith Office on July 30, Blanche told thousands of religious leaders that he was committed to advancing policies that would outlaw abortion in every state.

Unpacking the fight over telehealth access to abortion medication

In 2022, the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health decision cleared the way for states to regulate abortion access for the first time in 50 years, prompting more than a dozen states to enact near-total abortion bans. In the wake of that ruling, the U.S. Food and Drug Administration in 2023 changed its rules on mifepristone, one of two drugs typically used to terminate a pregnancy before 10 weeks and to treat miscarriages.

Mifepristone halts the pregnancy, while a second drug, misoprostol, physically clears the uterus.

The new FDA rules allowed mifepristone to be dispensed without a visit to an in-person provider, which made it easier for people in states with bans to obtain the medication from online sources and receive the pills in the mail.

According to the Society of Family Planning’s #WeCount report, 27% of all abortions in the first six months of 2025 were obtained through telehealth, adding up to more than 162,000 cases.

Anti-abortion groups and Republican state attorneys general have sued the FDA trying to reverse the 2023 rules or establish legal authority to enforce Comstock. A Texas judge in 2023 ruled that Comstock was enforceable, but the U.S. Supreme Court eventually overturned that ruling.

If the challenges to FDA rules around mifepristone are successful, abortion-rights advocates have said they would continue prescribing misoprostol, which is effective on its own.

GOP states try new ways to target abortion pills and telehealth

But enforcement of Comstock would apply to any equipment needed to perform abortions. Abortion-rights legal advocacy organization Center for Reproductive Rights said that could make supplies difficult or illegal to obtain for any type of obstetrical care, including miscarriages and pregnancy complications.

Gavin Oxley, spokesperson for Americans United for Life, told Stateline by email that the restrictions should extend to those categories and not just mifepristone.

“Any drug or instrument mailed with the intention of abortion falls under the law’s authority, proactively protecting women from new or adapted abortion methods, including misoprostol-only abortions,” Oxley said. “Righting the politicized Biden-era OLC opinion denying the strict application of Comstock must be an immediate priority for General Blanche.”

Stateline reporter Kelcie Moseley-Morris can be reached at [email protected].