Nominee for U.S. Attorney for the Eastern District of Pennsylvania, Billie Jean Blanche, reportedly pledged to crack down on abortion pill access during a private call with religious activists. This commitment contrasts with public statements made by Donald Trump and Blanche himself during his confirmation hearing.
The Food and Drug Administration is currently reviewing potential restrictions on mifepristone, one of the two pills used in medication abortions. Activists and doctors have contingency plans to continue prescribing the second pill, misoprostol, which can also induce an abortion. However, the Comstock Act, a law from 1873, could potentially halt the mailing of both pills nationwide, though its enforcement mechanism for private homes remains unclear.
The Biden administration's Justice Department previously issued a legal opinion stating that doctors could not be prosecuted for mailing abortion pills under the Comstock Act, as both medications are legal for other medical purposes. A spokesperson confirmed this opinion is under review. This stance conflicts with Blanche's reported private assurances to activists.
During his presidential campaign, Trump had stated that the federal government should not be involved in the issue of abortion pills and that he would not use the Comstock Act. Blanche, during his confirmation hearing, agreed to "carefully evaluate every lawful action available to ensure the faithful enforcement of the Comstock Act" but did not commit to specific enforcement steps. He also declined to discuss the administration's litigation strategy regarding mail-order abortion pills when pressed by Republican senators.