Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Comstock Act topic
No spam. Unsubscribe anytime.
Senator asks DOJ witness to review OLC opinion on mailing abortion drugs under Comstock Act
Summary
A senator asked Mister Blanch to review the Office of Legal Counsel opinion that mailing abortion drugs is generally permitted absent unlawful intent and to evaluate enforcement options under 18 U.S.C. §1461 (Comstock Act); Mister Blanch agreed to carefully review the opinion and to evaluate lawful actions without commenting on litigation merits.
The senator asked Mister Blanch whether he would carefully review a prior Office of Legal Counsel (OLC) opinion that concluded the Comstock Act (18 U.S.C. §1461) generally does not prohibit mailing abortion drugs unless the sender intends unlawful use. The senator described the statutory text as straightforward and asked whether the OLC opinion should be reconsidered when inconsistent with enacted law.
"Will you commit to carefully reviewing that opinion to ensure that it faithfully reflects the actual statutory text that Congress enacted?" the senator asked. Mister Blanch replied, "Yes." The senator also referenced pending litigation (Louisiana v. FDA) before the Fifth Circuit and asked whether the department would evaluate every lawful action available to enforce the Comstock Act and other federal statutes; Mister Blanch again answered "Yes."
The transcript records the senator's requests and the witness's commitments to review legal opinions and to evaluate lawful enforcement options; it does not include a departmental decision, rulemaking, or a detailed timeline for review. The exchange stayed within the bounds of oversight questioning and procedural commitment rather than announcing an immediate enforcement action.
