From Daily Caller:
Attorney General Pam Bondi’s Department of Justice (DOJ) has continued Biden-era opposition to enforcing the Comstock Act, a 1873 law that prohibits mailing anything “designed, adapted, or intended for producing abortion,” while resisting lawsuits by pro-life states seeking to stop the flood of mifepristone entering through the mail.
During Trump’s first year, the DOJ has been aggressive in litigation, using it to advance policy goals on immigration and election integrity, strategically challenge Supreme Court precedent, push back on “lawfare” that followed Trump on the campaign trail and pursue indictments against prominent Democrats like former FBI Director James Comey and New York Attorney General Letitia James. The DOJ’s solicitor general’s office has filed uninvited briefs at the Supreme Court to support religious liberty, defend Second Amendment rights and back energy companies facing climate change lawsuits.
Yet it has not taken the same bold approach with the abortion pill.
“It’s curious that they would let a Biden-era legal opinion stand when the administration has been reversing Biden-era positions like a hot knife through butter,” former DOJ attorney speaking on conditions of anonymity told the Daily Caller News Foundation.
A 2022 DOJ memo stated the Comstock Act doesn’t ban mailing mifepristone or misoprostol if the sender doesn’t intend unlawful use. Trump’s DOJ has not issued a new memo or rescinded the old one.
Meanwhile, the DOJ requested a pause or dismissal of a Missouri lawsuit seeking to reinstate FDA safety regulations for the abortion pill. The administration requests the court to delay its decision until the FDA completes its mifepristone safety review, which has no set timeline.
The states “suffer no sovereign injury because they remain free to make and enforce their pro-life policies after Dobbs v. Jackson Women’s Health Org,” the DOJ’s filing claims.
Read more at Daily Caller
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