A host of pro-life leaders, including Care Net President and CEO Roland Warren, have petitioned the Department of Justice to enforce the Comstock Act, an 1873 law that includes a prohibition on mailing abortion pills.
The letter to Acting Attorney General James McHenry also called for the reversal of the Office of Legal Counsel’s 2022 Memorandum Opinion regarding the Comstock Act; The opinion opened the door for abortion drugs mifepristone and misoprostol to be sent through the mail.
The Comstock Act is a federal law that criminalizes the mailing of obscene, lewd, or lascivious materials, including contraceptives and abortion-related items. Lawmakers amended the law in 1971 to remove the prohibition on mailing contraceptives, according to World Magazine.
Following the overturning of Roe v. Wade, the Biden Administration’s Department of Justice determined that the Comstock Act only applies when the sender intends for the material or drug to be used for an illegal abortion. The opinion did not overrule state restrictions on abortion or sanction buying meds from overseas pharmacies. However, because abortion is legal in some form in every state (e.g., to save the life of the pregnant person or in cases of rape or incest), it’s difficult to determine the intent of each sender.
“The mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully,” the opinion stated.
Yet, section 1461 of the Comstock Act is straightforward in its prohibition of drugs, medical instruments, and “every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use…”
“For Care Net and other organizations focused on providing compassion, hope, and help to women facing pregnancy decisions, the unregulated use of the abortion pill poses a serious threat,” said Roland Warren. “The amount of time we have between when a woman discovers she is pregnant and when she can carry about an abortion via the pill is getting shorter and shorter. The lack of enforcement of the Comstock Act is just another factor that makes it more urgent and important than ever for us to be able to reach women and men with the love of Christ quickly.”
In their letter to the DOJ, pro-life and pro-family leaders write that the Comstock Act should still be applicable today: “These laws prohibit the distribution of abortifacient matter—including the abortion pill regimen of mifepristone and misoprostol—through the United States Postal Service, express companies, common carriers, and interactive computer services. The United States Supreme Court has recognized provisions of the Comstock Act as proper exercises of Congress’ Postal and Commerce Clause powers.”
The letter to the DOJ warns about the health risks of abortion-by-mail and calls for the enforcement of Comstock as a matter of public policy and patient safety: “In recent years, there has been an alarming increase in the distribution of abortion pills by mail and online, which raises the risk of intimate partner violence and precludes essential health and safety screening for women seeking these drugs.”
The letter details the health risks associated with women who take abortion drugs, including:
Lack of ultrasounds: Women receiving abortion pills by mail do not undergo ultrasounds, which are necessary to accurately determine gestational age. Without an ultrasound, women may take the pills beyond the FDA-approved 10-week gestational window, increasing the risks of higher failure rates, hemorrhage, infection, and death.
Risk of Ectopic Pregnancy: In-person examinations are needed to rule out ectopic pregnancy (where pregnancy implants outside the uterus). Lack of in-person screening increases the risk of undetected ectopic pregnancies, which can be life-threatening.
Lack of Rh Antibody Testing and Treatment: Women do not receive Rh antibody status testing or, if needed, Rh immune globulin injections. Failure to receive this injection can lead to complications in future pregnancies.
Overall, the letter suggests that the mail-order distribution of abortion pills exposes women to unsafe drugs and undermines the integrity of the medical profession. Signees asked that the DOJ prioritize investigations and enforcement against those who engage in the illegal distribution of abortion pills.
“The health and safety of women must be a priority, and the DOJ’s enforcement of these laws will help to safeguard patient safety,” the letter states. “We respectfully request that you take immediate action to uphold federal law, safeguard patient safety, and ensure that the distribution of abortion pills does not continue harming mothers, unborn children, and families across America.”
Signees include John Mize, CEO, Americans United for Life; Lila Rose, President and CEO, Live Action; R. Albert Mohler, Jr., President, Centennial Professor of Theology, The Southern Baptist Theological Seminary; Kristan Hawkins, President, Students for Life of America; Carol Tobias, President, National Right to Life; Ralph Reed, Founder & Chairman, Faith and Freedom Coalition; Ryan Anderson, Ph.D., President, The Ethics and Public Policy Center; Tom Brejcha, President and Chief Counsel, Thomas More Society; and several others.