The U.S. Department of Justice (DOJ) said Aug. 4 that acting Attorney General Todd Blanche’s recent vow to make the Dobbs decision “permanent in every single state” has been misrepresented by critics as a call for greater federal control over state abortion policies.
Blanche said on the private conference call with faith leaders that the Trump administration is working to put policies in place to stop mail-order abortion drugs such as mifepristone from reaching states that ban them.
The Supreme Court empowered the states in its 2022 ruling in Dobbs v. Jackson Women’s Health Organization, restoring their ability to regulate abortion, which it had taken away in Roe v. Wade (1973).
Since Dobbs, the number of abortions nationwide has continued to grow, to the dismay of pro-life groups. At the same time, so-called shield laws in pro-choice states that protect medical practitioners from prosecution have enabled women in states with little or no access to local abortion clinics to have access to medication abortion.
Blanche’s remarks came on a call last week that the White House Faith Office held with the Christian group Intercessors for America. The group posted a recording of the call on YouTube but took the clip down in the late afternoon on Aug. 4 after media outlets reported on it.
In the clip, Blanche said, “We’re working hand in hand with HHS and the FDA and the White House and President [Donald] Trump’s team to get permanent solutions so that … the Dobbs decision becomes permanent in every single state.”
He continued, “We’re putting practices and policies in place so that other states and other organizations can’t attack that, and they can’t do things like they’re doing with … mail order drugs and things like that.
Cortez Masto said that Blanche, who is currently the president’s nominee for attorney general, “is going after the right to choose ‘in every single state.’ This is beyond outrageous—he’s committed to attacking women’s basic freedoms even in pro-choice states like Nevada.”
Sen. Tina Smith (D-Minn.) said in an X post that Blanche made it clear “in these secret calls with anti-choice activists that he wants to resurrect the Comstock Act—an antiquated anti-vice law from before women had the right to vote—to ban sending medication abortion in the mail.”
“Republicans will likely do what they always do and confirm Blanche as Attorney General despite all of this, and once again, women across America will pay the price,” Smith added.
A DOJ spokesperson said Blanche’s statement had been taken out of context.
“These comments have been mischaracterized and need to be understood in their full context, which was with respect to mail order abortion drugs, not a broader expansion of federal control over states,” the official told The Epoch Times.
Under Trump, the Food and Drug Administration (FDA) is currently reviewing the Biden administration’s 2023 decision to drop the requirement of an in-person doctor visit prior to dispensing the abortion pill. The second Trump administration has not changed the no-doctor policy.
Mail-order access remains legal under current federal rules, which are being challenged in the courts.
A medication abortion generally involves mifepristone, which blocks the hormone progesterone, and misoprostol, which induces contractions.
Trump administration officials have said that abortion issues should be decided by the states.
The FDA under Trump approved generic versions of mifepristone in 2019 and 2025.
At his confirmation hearing, Blanche said that as attorney general he would direct the DOJ Office of Legal Counsel (OLC) to review the Biden-era interpretation of the Comstock Act.
Under Biden, the OLC issued an opinion saying the act does not prohibit the mailing of abortion drugs unless the sender intends them to be used unlawfully.
The OLC provides legal advice to the president and the executive branch. Its opinions are considered binding within the executive branch.
Although Blanche has signaled an intention to restrict mail order abortion drugs, no new federal policy has been issued, and existing FDA rules allowing telehealth and mail dispensing remain in place.
Meanwhile, also on Aug. 4, the Senate Judiciary Committee voted 12-10 on a party-line vote to advance Blanche’s nomination to the full Senate.
