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Todd Blanche Tells Senate He Will Review 1873 Law on Mailing Abortion Pills

During his Senate confirmation hearing, Deputy Attorney General nominee Todd Blanche said he would review the 1873 Comstock Act regarding the mailing of abortion medication.

Sourced from Ms. Magazine
Published July 17, 2026 at 5:06 AM EDT
Todd Blanche Tells Senate He Will Review 1873 Law on Mailing Abortion Pills

The Facts

Who
Todd Blanche, U.S. Senate Judiciary Committee
What
Senate confirmation hearing for Todd Blanche regarding the Comstock Act and mifepristone.
When
July 17, 2026
Where
Washington, D.C.
Why
To determine the nominee's stance on using the Comstock Act to restrict the mailing of medication abortion.

Todd Blanche, nominee for Deputy Attorney General, testified before the Senate Judiciary Committee on Thursday regarding his potential role at the Department of Justice. During the hearing, lawmakers questioned Blanche on his interpretation of the Comstock Act, an 1873 law that prohibits the mailing of 'obscene' materials and items used for abortion.

When asked by Senator Mazie Hirono (D-Hawaii) whether he would use the Act to prosecute those who mail mifepristone, a legal abortion pill, Blanche stated he would review the law. He told the committee that he would consult with career officials at the Department of Justice and evaluate the current legal standing of the statute before making enforcement decisions.

The Comstock Act has been a point of contention between reproductive rights advocates and anti-abortion groups. Critics of the law argue it is obsolete and superseded by modern regulations, while some legal analysts suggest it could be used by a future administration to restrict access to medication abortion nationwide without new legislation from Congress.

Blanche, who previously served as a federal prosecutor and as defense counsel for Donald Trump, did not commit to a specific enforcement strategy during the session. He emphasized his commitment to following the law and Department of Justice guidelines if confirmed to the position.

This story was rewritten from reporting at Ms. Magazine. Read the original for full detail.

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