EXCLUSIVE: A pro-life organization has issued a report urging the Trump administration to take decisive steps against the distribution of abortion medications via mail, suggesting that a federal law from the 19th century could be utilized to regulate shipments of these pills.
According to the Restoration of America Foundation (ROAF), which provided the report, certain laws in Democratic-led states designed to shield providers from legal action by Republican state governments are allowing for the shipment of the abortion pill mifepristone into states with stricter abortion laws. These shield laws, they argue, facilitate this process without any medical examination or assurance that the drugs are taken willingly by the recipients.
ROAF also pointed to changes in FDA policies during the COVID-19 pandemic, which lifted the requirement for in-person counseling before obtaining medications and made it possible to prescribe abortion drugs through telehealth services and subsequently deliver them by mail.
The report claims that by June 2025, nearly 15,000 medication abortions each month were happening under the protection of these blue state shield laws. It also noted that about 15% of all U.S. abortions by the end of 2024 were occurring through medications sent to women in states that have strict abortion regulations.
Moreover, the report cited a study that reportedly found significant adverse health outcomes occurring in 10.9% of drug-induced abortions between 2017 and 2023, which is roughly twenty-two times the rate documented on the FDA-approved label for these medications. This adverse rate reportedly reached 11.2% in 2023 as these drugs saw increased use.
ROAF estimated that by 2025, mail-order medications would be responsible for over 300,000 abortions alone.
This report coincides with the upcoming 110th anniversary of Planned Parenthood in the U.S., which is set to celebrate its founding on October 16, 1916.
The foundation is advocating for Attorney General Todd Blanche to enforce the Comstock Act, a law from 1873 that criminalizes the mailing of certain abortion-related items, arguing that this could curb the protections offered by shield laws related to mail-order abortions.
“With the anniversary of Planned Parenthood approaching, we feel it’s an appropriate time to discuss the Comstock Act and its potential implications for future abortions in the U.S.,” said Doug Truax, CEO of ROAF. “The Comstock Act makes it illegal to mail these drugs, so we are simply asking for the enforcement of the law.”
In 2022, the Justice Department under the Biden administration posited that the Comstock Act doesn’t bar the mailing of mifepristone or misoprostol as long as there is no intent to misuse the drugs.
During his confirmation hearings, Blanche mentioned he would reevaluate the Department of Justice’s interpretation of this law. ROAF is urging the department to reconsider the Biden administration’s stance, to investigate entities involved in mailing these pills, and to uphold this longstanding federal law, which they argue would effectively prohibit the mailing of abortion medications nationwide.
Truax expressed the belief that enforcing the Comstock Act could lead to significant reductions in the number of abortions and related fatalities, signifying a powerful move for pro-life advocates as they gear up for future elections.
