Democrats eye take down of federal provision could affect abortion by mail
Fox News
Tina Smith is introducing a bill to strike an abortion provision from an existing law that prohibits abortion-related materials from being delivered through the mail.
"There is a very clear, well-organized plan afoot by the MAGA Republicans to use Comstock as a tool to ban medication abortion, and potentially all abortions," Smith said in a statement to the Washington Post, which first reported on the bill. "My job is to take that tool away." Julia Johnson is a politics writer for Fox News Digital and Fox Business, leading coverage of the U.S. Senate. She was previously a politics reporter at the Washington Examiner.
Follow Julia's reporting on X at @JuliaaJohnson_ and send tips to Julia.Johnson@fox.com.
However, the Department of Justice (DOJ) has maintained that the law does not outright ban drugs that can induce abortion from being sent through mail, because intent is not always known. "The mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully," Christopher Schroeder, assistant attorney general for the Office of Legal Counsel in the DOJ concluded in a 2022 opinion.
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