Acting AG: DOJ will 'commit resources' to end abortion pill Wild West

A report from The Hill claims that Acting Attorney General Todd Blanche "pledged to take action to stop abortion medication from being available through the mail" during questions regarding his nomination in a Senate Judiciary Committee hearing on Wednesday, but a review of Blanche's statements indicate that he may not have gone quite as far as The Hill suggests.

Key Takeaways:

• Acting AG Todd Blanche told lawmakers in a Congressional hearing that he would commit resources to end illegal abortion pills flooding across state borders, look into cases of coercion with regard to the abortion pill, and review a previously rendered slip opinion regarding the federal Comstock Act.

• Blanche refused to answer questions regarding the "litigation strategy" of opposing pro-life states who are attempting to halt the flood of mail-order abortion pills into their states.

• He also noted that the FDA has a "process" they are allowing to move forward, and that the current DOJ does not defend or agree wth the Biden FDA's 2023 decision to allow for mail-order abortion drugs.

The Details:

The Department of Justice (DOJ) is currently in litigation with multiple states over the erosion of abortion pill safeguards that took place during the Biden administration in 2023, enabling the drug to be shipped by mail.

Todd Blanche, the current Acting Attorney General, had previously been confirmed by the Senate to serve as deputy attorney general.

During Wednesday's Senate hearing regarding his nomination for Attorney General, Blanche was clear that he did not view it "appropriate" to discuss legal strategies regarding the abortion pill with lawmakers.

However, after questioning by three U.S. senators, Blanche acknowledged that the Trump DOJ opposes Biden-era changes to the abortion pill safeguards (known as REMS), despite having worked to halt several state lawsuits over the matter.

Blanche also told the lawmakers he would commit resources to end illegal abortion pills flooding across state borders, look into cases of coercion with regard to the abortion pill, and review a previously rendered slip opinion regarding the federal Comstock Act.

DOJ will 'commit resources to stop' illegal mailing of abortion pills

During the hearing, Senator Katie Britt (R-Ala.) mentioned the late Senator Lindsey Graham and his dedication to protecting preborn children when she questioned Blanche regarding the abortion pill — specifically the removal of the in-person dispensing requirement through the Biden FDA's 2023 expansion to allow mail-order dispensing.

"We are losing children and we are putting women in harm's way," Senator Britt said.

She then recounted the coercive way men who obtain abortion drugs through the mail have forced them upon unsuspecting pregnant women, calling it "sick and twisted" and telling Blanche that this "must stop."

"Can you commit to me today that this administration and the DOJ will prioritize taking meaningful and thoughtful action?" Senator Britt asked.

In response, Blanche stated:

"Absolutely, Senator. And it's not only what the Department of Justice can do, but its 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.

And, you know, I’ve seen video myself of what appears to be pills coming even from overseas to young women, and doesn’t matter who applies for it, anybody can get it. There’s no instructions; they just come dumped out of a little plastic bag, and and it’s wrong.

And I very much commit our resources to stopping this."

DOJ not defending Biden mail-order rule

Senator Josh Hawley (R-Mo.) also grilled Blanche, asking what he described as a "Missouri-specific" question regarding laws in the state that "protect the unborn" and "limit use of the chemical abortion drug" to require that a woman would "need to see a physician" for the drug to be prescribed "under Missouri law."

Sen. Hawley pointed out how Missouri and other pro-life states are currently in court for abortion pill litigation, "fighting over Joe Biden's" abortion policy:

"Because under Joe Biden's abortion rules, it doesn't matter what your state law is. It doesn't matter what the voters of my state do. You can just mail in this abortion drug, no prescription, no follow-up visits for the mother, no medical support at all.... You can mail these in from overseas, from India, for Heaven's sake...."

Hawley previously sent a demand letter urging the DOJ to investigate abortion pill manufacturer Danco Laboratories.

Senator Hawley then pointed to the "massive increases" in abortion since the Biden FDA rule took effect in 2023, asking, "I hate that we have these Republican states in court against a Republican administration. It just seems to me and there's got to be some solution to this.... What do you think that is?..."

Blanche told Hawley, "I share your concerns" but "I don't want to talk about litigation strategy here — it's not appropriate." He added, "We are not defending what Biden did. And will not."

Blanche added:

"The FDA has a process that we're letting them go forward in... [I]t takes a year. They've committed to do it in significantly less time than a year. And we... will protect the life of the unborn and work with states... to make sure they do that in the best way.... I want to get to a solution here as well.... I very much share your concerns, Senator."

Blanche reiterated that the DOJ is not defending the Biden policy of mail-order abortion, stating, "It's in all of our pleadings."

WATCH: Sen. Hawley questions Blanche in attorney general confirmation hearing

The Senator pushed further, asking Blanche why, "while the FDA's doing its review," the administration has not put in place "President Trump's rules" — meaning the in-person dispensing requirements that were in place prior to when the Biden FDA eroded the REMS.

Blanche reiterated that he didn't want to discuss "litigation strategy," adding, "We very much believe that the Biden rules were wrong...."

He continued:

"We have to have studies that we can defend in court.... We're trying to let FDA do their work so we can continue to protect the lives of unborn children... and the state's laws...."

Blanche also stated that he is "committed" to looking into cases of coercion regarding the abortion pill.

Live Action News has documented many instances in which women claim they were tricked, coerced, or forced into taking abortion drugs they didn't want, because the Biden FDA's decision to relax standards allowed for the widespread availability of mail-order abortion drugs.

Reversing slip opinion by Biden Administration on Comstock Act

Senator Ted Cruz also discussed "the Biden administration rule concerning the abortion pill" with Blanche, but Cruz pointed out that federal law, under 18 U.S.C. §§ 1461–1462 — otherwise known as the Comstock Act — "provides that every article or thing designed, adapted or intended for producing abortion... is declared to be non-mailable."

Senator Cruz was direct in his line of questioning:

"I have to admit that statutory text, to me, looks quite straightforward. It is not subtle, it is not difficult, it is straightforward.

As you know, during the Biden administration, the Office of Legal Counsel issued an opinion concluding that those provisions generally do not prohibit mailing abortion drugs unless the sender intends them to be used unlawfully....

Now, Office of Legal Counsel opinions may be reconsidered when the attorney general concludes they are inconsistent with the law. Is that right?"

"That is right," Blanche responded.

"Will you commit to carefully reviewing that opinion to ensure that it faithfully reflects the actual statutory text that Congress enacted?" asked Cruz.

"Yes," Blanche stated emphatically.

Senator Cruz continued:

"Will you commit that the Department will carefully evaluate every lawful action available to ensure the faithful enforcement of the Comstock Act and other federal pro-life acts?"

Blanche again answered in the affirmative.

The Backstory:

In 2000, the FDA initially approved the drug, mifepristone (200mg)/Mifeprex, for the "termination of pregnancy" in a regimen with a second drug called misoprostol.

As the years went on, use of mifepristone (200mg)/Mifeprex was expanded multiple times, including in 2016, when, with funds from Big Abortion groups like Planned Parenthood, the US manufacturer at that time - Danco Laboratories - sought to erode safety regulations known as REMS for the drug.

In 2023, additional erosions under Biden's Food and Drug Administration (FDA) removed the required in-person dispensing of the drug to allow for mail-order and pharmacy dispensing, prompting multiple lawsuits challenging these erosions.

Last month, a senior FDA official confirmed that the promised safety review of mifepristone is moving forward, and could be completed within months with some speculating it could happen by September of this year.

Meanwhile pro-life states, which contend that their laws protecting preborn life are being trampled, have pushed back against the Department of Justice (DOJ) for requesting their lawsuits be halted while the safety review is conducted.

In addition, there is evidence that the manufacturers of the drug: Danco Laboratories, GenBioPro, and Evita Solutions, may not be properly training prescribers and could be turning a blind eye to their reckless disregard for REMS safety requirements by failing to decertify those who are not in compliance with the REMS program.