Acting Attorney General Todd Blanche Signals Push to Make Dobbs Ruling Permanent Nationwide

Acting Attorney General Todd Blanche told a private group of faith leaders that the Justice Department is preparing to “work hand-in-hand” with federal health agencies, the White House and President Donald Trump’s team to ensure the 2022 Supreme Court decision in *Dobbs v. Jackson Women’s Health Organization* becomes “permanent in every single state.”

The Hill

The *Dobbs* ruling overturned *Roe v. Wade*, ending the federal constitutional right to an abortion and leaving regulation to the states. Since that decision, many states have enacted bans or severe restrictions, while others have passed “shield laws” protecting clinicians who prescribe medication abortions across state lines. The Biden administration in 2023 eliminated an in-person dispensing requirement for mifepristone, allowing it to be mailed to patients. The Trump administration has kept those regulations in place but has faced pressure from anti-abortion lawmakers to reverse them.

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Blanche’s remarks reference two possible legal tools: the Food and Drug Administration’s authority to reimpose restrictions on mifepristone, and the Comstock Act of 1873, a dormant anti-obscenity statute that some conservatives propose using to block all mail-order abortion pills. The Department of Justice’s 2022 opinion had held that the Comstock Act did not apply because both pills have legitimate medical uses, but the current administration has not formally overruled that view.

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The spokesperson declined to explain why the recording of the call was removed from YouTube.

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The Senate Judiciary Committee advanced Blanche’s nomination with a 12–10 party-line vote after he rescinded a prior order to create a $1.8 billion “anti-weaponization fund,” gaining the support of two Republican holdouts.

The Hill

• Scope of Action: Blanche framed his goal as making the *Dobbs* decision permanent nationwide, but the DOJ limited the interpretation to mail-order abortion drugs. The precise legal mechanism—whether the FDA’s regulatory authority, the Comstock Act, or another tool—remains unspecified.

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• Enforcement Plans: Blanche did not indicate whether the department would use FDA safety reviews, the Comstock Act, or another strategy to block pill distribution. The Justice Department’s ongoing review of the 2022 opinion adds uncertainty.

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• Impact on Existing Protections: It is unclear how any new policies would affect states that have enacted shield laws or the ability of clinicians to prescribe and mail misoprostol, which also can induce abortion.

Politico

• “We don’t have complete victory yet, but we will have victory, and victory will be soon, and it will be permanent,” — General Todd Blanche, LOADING acting attorney

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• “We will have victory, and victory will be soon, and … it will be permanent,” — General Todd Blanche, LOADING acting attorney

The Hill

The 5th Circuit Court of Appeals is slated to hear Louisiana’s challenge to the FDA’s mail-order policy later this year, a case that could shape nationwide access to mifepristone. Blanche’s nomination now proceeds to the full Senate, where Republican leaders hold a majority but may need to accommodate dissenting moderates. The Justice Department’s review of its 2022 Comstock Act opinion is also ongoing, suggesting further clarification could emerge before any formal policy changes are announced.

The Hill