PolicyBrief
H.RES. 65
119th CongressJan 24th 2025
Reaffirming the freedom to decide and expressing continued support for medication abortion access.
IN COMMITTEE

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
D

Josh Gottheimer

Representative

NJ-5

LEGISLATION

Bill Reaffirms Abortion Pill Access, Pushes Back on Nationwide Ban Fears

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.

Medication Abortion on the Line

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.

Real-World Impact

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.

Challenges and Long-Term Implications

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.