{"id":1102,"date":"2026-07-17T04:13:27","date_gmt":"2026-07-17T04:13:27","guid":{"rendered":"https:\/\/movingandmortgagehub.com\/?p=1102"},"modified":"2026-07-17T04:13:27","modified_gmt":"2026-07-17T04:13:27","slug":"todd-blanche-just-opened-the-door-to-a-national-abortion-ban","status":"publish","type":"post","link":"https:\/\/movingandmortgagehub.com\/?p=1102","title":{"rendered":"Todd Blanche Just Opened the Door to a National Abortion Ban"},"content":{"rendered":"
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This article has been republished from\u00a0<\/em>Autonomy News, a worker-owned publication covering reproductive\u00a0rights and justice. Follow Autonomy News on <\/em>Instagram<\/u><\/em>, <\/em>Bluesky<\/u><\/em>, <\/em>TikTok<\/u><\/em>, <\/em>Threads<\/u><\/em>, and <\/em>LinkedIn<\/u><\/em>.<\/em><\/p>

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At the very end<\/span> of acting Attorney General Todd Blanche\u2019s Wednesday confirmation hearing, Texas Senator Ted Cruz got Blanche to commit to taking a step that could upend abortion access in all 50 states.<\/p>\n

Cruz brought up the Comstock Act<\/u>, an 1873 anti-obscenity law that abortion opponents want to use to stop the mailing of abortion pills. He pressed Blanche to review Biden-era guidance that cleared shipments of medication abortion into states that ban abortion. Alarmingly, Blanche agreed.<\/p>\n

The 19th-century law made it a federal crime to mail, possess, give away, or sell \u201cobscene materials\u201d\u2014including items used for abortion. Parts of the law relating to birth control were repealed in 1971<\/u>, but Comstock was never repealed<\/u> in its entirety. When abortion providers started prescribing pills to patients in states where abortion was banned thanks to \u201cshield\u201d laws, anti-abortion activists argued that this was a violation of the Comstock Act. Project 2025 also called<\/u> for criminal prosecutions of abortion pill providers under Comstock<\/u>, though the document only references the law by statute number, not by name.<\/p>\n

In response, a December 2022 opinion<\/u> from the Justice Department\u2019s Office of Legal Counsel said it was not illegal for the U.S. Postal Service and other carriers like FedEx and UPS to deliver abortion medications<\/u> to states that ban abortion, and that Comstock did not apply unless the sender intended pills to be used unlawfully. That interpretation has reassured abortion providers that they can prescribe pills across state lines without fear of federal prosecution.<\/p>\n

Cruz asked the nominee point blank to review the 2022 memo. Blanche said he would. \u201cOffice of Legal Counsel opinions may be reconsidered when the attorney general concludes they are inconsistent with the law,\u201d Cruz said. \u201cWill you commit to carefully reviewing that opinion to ensure that it faithfully reflects the actual statutory text [of the Comstock Act] that Congress enacted?\u201d Blanche responded with an instant \u201cyes.\u201d<\/p>\n

Notably, Donald Trump appointed two anti-abortion lawyers<\/u> to the Office of Legal Counsel last summer: Elliot Gaiser, who in 2020 called abortion a \u201cmoral evil;\u201d and Josh Craddock<\/u>, a Comstock proponent who also believes that fertilized eggs are people under the Fourteenth Amendment.\u00a0<\/p>\n

Cruz also brought up Comstock in the context of a lawsuit<\/u> that Louisiana filed against the Food and Drug Administration, which seeks to end telemedicine prescriptions of mifepristone, the first of two drugs in a typical medication abortion. \u201cWithout asking you to comment on the merits of that litigation, will you commit that the [Justice] Department will carefully evaluate every lawful action available to ensure the faithful enforcement of the Comstock Act and other federal pro-life acts?\u201d Again, Blanche said yes.<\/p>\n

Blanche, Donald Trump\u2019s former personal lawyer, didn\u2019t hesitate in any of his responses to Cruz. Here\u2019s video<\/u> of the exchange.<\/p>\n

Ted Cruz is the latest of a string of Republican senators to push an agreeing Blanche to ban the mailing of mifepristone. They’re coming for abortion pills next.[image or embed]<\/p>\u2014 Aaron Rupar (@atrupar.com) 11:05 AM \u00b7 Jul 15, 2026<\/blockquote>\n

Blanche\u2019s comments come as anti-abortion activists and lawmakers like Missouri Senator Josh Hawley<\/u> are pressuring him to commit<\/u> to the DOJ settling<\/u> with<\/u> Louisiana in its suit against the FDA. Ostensibly, a settlement would involve the agency agreeing to end telehealth prescriptions of mifepristone nationwide. Hawley\u2019s wife Erin is representing Louisiana<\/u> in that litigation.<\/p>\n

That case is pending before the Fifth Circuit Court of Appeals, with a hearing scheduled for September. When an emergency appeal in the lawsuit reached the Supreme Court in May, Justice Clarence Thomas wrote a dissent espousing the same view on Comstock<\/u> that Cruz took today. Thomas claimed<\/u> that \u201cit is a criminal offense to ship mifepristone for use in abortions\u201d under the law and that the drug\u2019s manufacturers are engaging in \u201ccriminal enterprise.\u201d<\/p>\n

Nearly 115 Republican<\/u> members of Congress, including Cruz, filed a \u201cfriend of the court brief\u201d on Louisiana\u2019s side at the Supreme Court, arguing that mailing mifepristone violates<\/u> the Comstock Act. Cruz also signed a January 2023 letter<\/u> to then-AG Merrick Garland urging him to enforce Comstock related to the shipping of mifepristone, alongside 40 other members of Congress including now-Vice President JD Vance<\/u>.<\/p>\n

American Civil Liberties Union chief political and advocacy officer Deirdre Schifeling called Blanche an \u201canti-abortion yes man\u201d in a statement. \u201cTodd Blanche demonstrated that if confirmed as Attorney General, he will be content to go along with anti-abortion extremists\u2019 plan to restrict medication abortion nationwide,\u201d Schifeling said. \u201cSenators pushed dangerous misinformation about medication abortion and fringe legal theories that would ban abortion nationwide entirely\u2014and Blanche blithely entertained them.\u201d<\/p>\n

Katie O\u2019Connor, senior director of federal abortion policy at the National Women\u2019s Law Center, said, \u201cOnce again, Blanche has shown that he is a Trump loyalist above all else, and would rather further the president\u2019s extreme anti-abortion agenda than work on behalf of the American public.\u201d<\/p>

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The abortion-related provisions <\/span>of the Comstock Act were rarely enforced after the 1930s. The law only applies to \u201cunlawful\u201d abortions, and judges have generally agreed<\/u> that it doesn\u2019t apply to medications or devices prescribed or used by physicians.<\/p>\n

However, anti-abortion leaders argue that the DOJ could weaponize Comstock to ban not just telemedicine abortions, but shipments of abortion drugs to brick-and-mortar clinics. The most extreme interpretation could even result in a ban on shipping supplies used in procedural abortions<\/u>, as Comstock applies to all materials, not just medications. As anti-abortion legal activist Jonathan Mitchell said<\/u> in early 2024, \u201cWe don\u2019t need a federal ban when we have Comstock on the books\u2026There\u2019s a smorgasbord of options.\u201d Mitchell has filed multiple<\/u> lawsuits<\/u> that ask federal courts to declare the law is active.<\/p>\n

That\u2019s why some Democrats wanted to repeal Comstock ahead of the 2024 election. However, three major reproductive rights organizations\u2014Planned Parenthood, Center for Reproductive Rights, and the American Civil Liberties Union\u2014advised Vermont Rep. Becca Balint not to introduce a Comstock repeal bill<\/u> in 2024, per NOTUS. They were concerned it could affect the outcome of the first abortion pill lawsuit to work its way up to the Supreme Court after the fall of Roe v. Wade<\/em>. Some Democrats also worried that introducing a Comstock repeal could validate anti-abortion ideologues\u2019 interpretation of the law, which they believe to be incorrect.<\/p>\n

But others viewed complacency as dangerous. \u201cI fully agree with the [Biden] administration\u2019s position \u2026 that it\u2019s illegal to use Comstock to ban abortion,\u201d Minnesota Sen. Tina Smith told NOTUS. \u201cHowever, I can see, as can everybody else, that the extreme right-wing MAGA Republicans have a road map for using Comstock to do exactly that, and so, as a legislator, it\u2019s my job to do everything I can to take that tool away from them.\u201d<\/p>\n

In June 2024, Smith and Balint were among the cosponsors when a repeal bill was finally introduced<\/u>. This happened shortly after the Supreme Court punted<\/u> the legal battle over abortion pills back to lower courts, which seems to have assuaged previous concerns from Planned Parenthood, CRR, and the ACLU, because they endorsed the measure.<\/p>\n

Still, the bill disappointed many advocates because it failed to fully repeal the Comstock Act. Instead, it would have merely removed language about abortion from the statute. A source involved in crafting the legislation told Garnet<\/u> at the time that this was because of an unlikely roadblock: the Biden Department of Justice. The DOJ claimed it needed the Comstock Act\u2014specifically, the part that bans \u201cobscene\u201d materials\u2014to prosecute cases involving child sexual abuse material (CSAM).<\/p>\n

\u201cObviously, we couldn\u2019t really have that,\u201d the source said. \u201cIt\u2019d be a GOP field day on \u2018Dems support child porn.\u2019\u201d<\/p>\n

The partial repeal was always a longshot. Even if it had gained majority support in both chambers, it almost certainly couldn\u2019t have won a filibuster-proof majority in the Senate. But lawmakers worried that having the repeal effort labeled \u201cpro-porn\u201d or \u201cpro-child abuse\u201d would have killed any attempt to repeal Comstock in the future. Similar bills had been introduced<\/u> in 1997, 1999, and 2001, but none ever received a floor vote.<\/p>\n

Following the death of Senator Lindsey Graham, Blanche can\u2019t lose a single Republican vote<\/u> on the Judiciary Committee. Senators John Cornyn and Thom Tillis<\/u> had been noncommittal about his confirmation, but released a letter<\/u> Tuesday urging him to settle the Louisiana mifepristone lawsuit. Nothing Cornyn or Tillis said during the hearing suggested they would vote against advancing Blanche.<\/p>\n

Blanche also spouted misinformation during the hearing, telling Senator Chuck Grassley that, \u201cFor the first time in a decade, HHS and the FDA are actually taking a real look at what\u2019s happening with some of these abortion pills and whether they\u2019re actually safe or not.\u201d To Senator Katie Britt he said, \u201cit\u2019s not only what the Department of Justice can do, but it\u2019s what the FDA is doing right now for the first time in a decade: Actually doing real studies about the safety and the appropriateness of these drugs.\u201d More than 100 studies<\/u> have shown mifepristone to be safe and effective for ending an early pregnancy. The FDA\u2019s decision to allow telehealth prescriptions was based on real-world data.<\/p>\n

Hawley did not directly ask Blanche Wednesday to settle the suit, though he did ask why the administration couldn\u2019t just restore the old rules requiring in-person appointments while the FDA conducts a politicized safety review<\/u>. Blanche responded, \u201cI don\u2019t think it\u2019s appropriate to talk about our litigation strategy here, except to say that we want to get to a good result consistent with President Trump\u2019s administrative directive and priorities, and we very much believe that the Biden rules were wrong.\u201d<\/p>\n

Blanche then said part of the purpose of the FDA\u2019s bogus review is to have something to point to in court. \u201cWe have to have studies that we can defend in court,\u201d he said. \u201cWe have to be able to say to a judge, probably in this district, that our change was not arbitrary and capricious.\u201d\u00a0<\/p>\n

His answer shows that the Trump administration expects lawsuits in response to any changes it may make to mifepristone prescribing. But the DOJ could significantly limit access to medication abortion even without changes to FDA policy. Rescinding the Biden-era guidance on Comstock would signal to telehealth abortion providers that federal prosecutions may be coming\u2014and that could scare some of them away even if no charges were ever filed.<\/p>

Read more The Manosphere and Christian Nationalist Roots of Hegseth\u2019s \u201cLow-T\u201d Fixation<\/a><\/p>\n<\/article>","protected":false},"excerpt":{"rendered":"

In his confirmation hearings, Trump\u2019s pick to head the DOJ commits to reviewing Biden-era guidance on the Comstock Act.<\/p>\n","protected":false},"author":1,"featured_media":1100,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-1102","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"\nTodd Blanche Just Opened the Door to a National Abortion Ban - Moving and Mortgage Hub<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/movingandmortgagehub.com\/?p=1102\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Todd Blanche Just Opened the Door to a National Abortion Ban - Moving and Mortgage Hub\" \/>\n<meta property=\"og:description\" content=\"In his confirmation hearings, Trump\u2019s pick to head the DOJ commits to reviewing Biden-era guidance on the Comstock Act.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/movingandmortgagehub.com\/?p=1102\" \/>\n<meta property=\"og:site_name\" content=\"Moving and Mortgage Hub\" \/>\n<meta property=\"article:published_time\" content=\"2026-07-17T04:13:27+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/movingandmortgagehub.com\/wp-content\/uploads\/2026\/07\/0751a9ee26d9530790eef987dfeeb3a1-1024x575.webp\" \/>\n\t<meta property=\"og:image:width\" content=\"1024\" \/>\n\t<meta property=\"og:image:height\" content=\"575\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/webp\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=1102#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=1102\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/#\\\/schema\\\/person\\\/6b7c79bcfd888d98f34c5413df7e81a2\"},\"headline\":\"Todd Blanche Just Opened the Door to a National Abortion Ban\",\"datePublished\":\"2026-07-17T04:13:27+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=1102\"},\"wordCount\":1802,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=1102#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/movingandmortgagehub.com\\\/wp-content\\\/uploads\\\/2026\\\/07\\\/5233d55aa249de7714761c53dbdeda5a.webp\",\"articleSection\":[\"Politics\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=1102#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=1102\",\"url\":\"https:\\\/\\\/movingandmortgagehub.com\\\/?p=1102\",\"name\":\"Todd Blanche Just Opened the Door to a National Abortion Ban - 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