Will Todd Blanche force a national abortion pill ban?

Updated: CaliforniaToday Editorial Team California

Key Takeaways

  • Todd Blanche, the attorney general nominee, reportedly said on a private call that he wants to make the Dobbs decision "permanent in every single state."
  • Senator Tina Smith says Blanche signaled he would enforce a 19th century law to ban mailing mifepristone, the most common form of abortion care.
  • Senator Patty Murray calls the confirmation vote a "roll-call vote" on banning abortion in all 50 states.
  • The plan would apply even in states with abortion protections, which includes California.

Nominee faces backlash over leaked audio

Todd Blanche, the nominee for U.S. attorney general, is under fire before his confirmation vote.

Two Democratic senators say Blanche told supporters on a private call that he wants to make the Dobbs decision permanent in every state. The leaked audio and public statements confirm that goal, according to Senator Tina Smith.

Smith said Blanche gave every indication he will enforce the Comstock Act, an 1800s law that bans mailing abortion drugs. The law would block mifepristone, the most common abortion medication, from reaching patients nationwide.

Senators frame vote as national abortion ban

Senator Patty Murray posted on Facebook that Blanche's plan goes beyond state lines.

"This isn't just a confirmation vote anymore, it's a roll-call vote on which Senators endorse banning abortion in all 50 states," Murray wrote. "I'm voting NO."

Local California context

California has some of the strongest state-level abortion protections in the country. But those protections would not shield patients, because mifepristone is sent through the mail and the federal government controls interstate commerce.

Smith's statement specifically warns that Blanche wants restrictions in states with abortion protections. For Californians, the practical effect could be the same as in states with bans: no access to medication abortion by mail.

Background

The Dobbs decision in 2022 removed the federal right to abortion and let states set their own rules. The Comstock Act, passed in 1873, is a dormant federal law that anti-abortion groups now want enforced. Blanche's comments signal that the Department of Justice could revive it.

Bottom line

The Senate confirmation vote will decide whether the next attorney general uses federal power to restrict medication abortion nationwide. Advocates on both sides are watching closely. California voters who want to protect access should make their voices heard before the vote.

Sources and Materials


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