This bill supports the legality of medication abortion access, defending the existing authority to distribute medication abortion under Federal law and condemning restrictions on reproductive healthcare. It also expresses concerns about the potential misuse of the Comstock Act to ban abortion nationwide.
Josh Gottheimer
Representative
NJ-5
This bill expresses concerns about using the Comstock Act to ban abortion nationwide, potentially restricting access to medication abortion and reproductive healthcare. It affirms the current legal authority to distribute medication abortion based on a Justice Department opinion. The bill also condemns restrictions on reproductive health care access, including medication abortion.
This bill is all about protecting your right to make decisions about abortion and keeping access to medication abortion open. It directly addresses growing concerns that an old law, the Comstock Act, could be twisted to ban abortion nationwide. This isn't just about abortion pills – such a ban could threaten access to basic medical supplies and other sexual and reproductive health services.
The core of the bill reaffirms the existing federal authority to distribute medication abortion, like mifepristone. It's leaning on a Justice Department legal opinion from December 23, 2022, which basically said that mailing abortion drugs isn't illegal unless the sender knows they'll be used unlawfully (Section 1461 of title 18, US Code). Think of it this way: if you're a pharmacist sending medication to a patient who has a valid prescription, that's legal. The bill reinforces this.
Imagine you're a nurse practitioner in a state where abortion is legal. This bill helps ensure you can continue providing medication abortion without fear of federal prosecution, as long as you are following the law. Or, if you're someone who relies on mail-order pharmacies for your medications, this bill aims to protect your ability to receive those medications, including abortion pills, if prescribed legally. The bill directly condemns restrictions on access to reproductive healthcare, calling out limitations to medication abortions, specifically.
While the bill clarifies the federal stance, it doesn't prevent individual states from enacting their own restrictions. This means the fight over access could continue at the state level, creating a patchwork of laws across the country. The bill is also a clear statement against using the Comstock Act to limit reproductive rights, a legal battle that could play out for some time.