Full Breakdown
Senate Hearing Targets DOJ Over Abortion-Pill Mailings
7/25/2026, 1:45:18 AM
Core Event: Confirmation Hearing Used to Press DOJ on “Plan C”
Commentators in *The New Republic* contend that Republican senators are leveraging the pending confirmation of Acting Attorney General Blanche to advance Alliance Defending Freedom’s (ADF) effort to criminalize the mailing of medication abortion. Senator John Hawley has asked Blanche to open an investigation into “Plan C” while she seeks Hawley’s vote on the Senate Judiciary Committee. The move, according to independent-news reporter Susan Rinkunas, is framed as a “shakedown.”
Legal Background: The Comstock Act Revived
ADF’s strategy rests on a reinterpretation of the Comstock Act, a federal law enacted in 1873 under President Ulysses S. Grant that historically prohibited the distribution of “obscene” materials, including contraceptives and abortifacients.
Key Players in the Push
- Senator John Hawley – Republican senator, pressing Blanche for a “Plan C” probe.
- Senator Ted Cruz – At a July 15 (scheduled) hearing, Cruz asked whether Blanche would overturn the 2022 OLC opinion.
- Acting Attorney General Blanche – Holds the confirmation vote that Hawley seeks.
- Alliance Defending Freedom (ADF) – Conservative legal group advancing the Comstock-based argument.
- Susan Rinkunas – Reporter for Autonomy News, characterizing the investigation request as a shakedown.
Potential Impact on Medication Abortion Access
If the DOJ were to rescind the 2022 opinion, ADF believes the Comstock Act could be applied to block the distribution of abortion pills through the postal system, effectively curtailing medication abortion nationwide. Critics note that the Supreme Court has not yet endorsed ADF’s position, and the legal argument remains untested at the highest level. The outcome of Blanche’s confirmation and the July 15 hearing could therefore shape whether the historic Victorian-era statute gains modern enforcement power.
