Trump’s attorney general pick hints at making national abortion restrictions a priority

This story was originally reported by Shefali Luthra of The 19th. Meet Shefali and read more of their reporting on gender, politics and policy.

Todd Blanche — whom Republicans hope to confirm as attorney general by the end of the week — has indicated he could steer the Justice Department to prioritize national abortion restrictions, a major shift from how the Trump administration has handled the issue thus far.

In a call last week, Blanche, who is serving as both acting attorney general and deputy attorney general and has previously served as Trump’s personal lawyer, suggested that under his leadership, the department would prioritize restrictions on medication abortion.

“If states have said we are going to protect the unborn and we’re going to protect every life from the moment of conception, we’re putting practices and policies in place so that other states and other organizations can’t attack that,” Blanche said on a call organized by the White House Faith Office and posted online in full by Intercessors for America, a Christian organization. The call’s contents were first reported by Politico.

The remarks are only the latest to suggest that if confirmed, Blanche might take a more aggressive approach than his predecessor. In a July hearing before the Senate Judiciary Committee, Blanche said that if confirmed, he would commit to reviewing how the federal government interprets the Comstock Act, an anti-obscenity law from the 1800s that abortion opponents believe could be interpreted to prohibit the mailing of any drug used to terminate a pregnancy. 

Anti-abortion activists have been pressing the administration to revive the Comstock Act since the beginning of President Donald Trump’s second term; Trump has declined to do so.

When asked about the possibility of enforcing the law to ban mailing of abortion medications, the Department of Justice confirmed that its Office of Legal Counsel, which advises the president and attorney general, “is undertaking a thorough review” of policies and procedures related to abortion.

Blanche requires one more vote to secure support from a majority of the Senate. Two Senate Republicans — Lisa Murkowski of Alaska and Bill Cassidy of Louisiana — have not yet indicated whether they would vote to confirm him. Susan Collins, a Maine Republican up for re-election, said Tuesday she would not vote to confirm Blanche, citing his abortion-related remarks as a key factor.

The confirmation fight comes months before a midterm election in which Republicans — already facing an uphill battle to control both chambers of Congress — have largely avoided talking about abortion. Though reproductive rights dominated the 2024 election, polling suggests that the issue has taken a backseat, with voters primarily concerned about the cost of living. 

Still, national restrictions on abortion remain unpopular. 

Abortion pill restrictions have emerged as a top priority for the anti-abortion movement. Even as bans have proliferated across the country, medical professionals in protective states have continued to prescribe and mail them to people living under abortion bans. This telehealth practice is medically safe and has enabled thousands of people to circumvent their states’ laws and end their pregnancies. 

Anti-abortion activists have called on the federal government to intervene, arguing that the existence of this telehealth model has undercut states’ abilities to enforce bans. But so far, the Trump administration has taken no action to block telehealth abortion, despite pressure from top anti-abortion groups.

Blanche’s remarks suggest that could be changing, though it’s unclear when or how that shift might take place. 

In the White House Faith Office call, he did not reveal what approach the administration might take to limit the availability of abortion medication, or when any switch might take effect — only saying that “victory will be soon and victory will be permanent.” 

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Abortion opponents have pressed for the Food and Drug Administration to reverse its decision approving mifepristone, one of two drugs used in most abortions, to be dispensed without an in-person visit. The FDA is currently reviewing mifepristone’s approval, despite a vast body of medical research showing the drug’s safety and effectiveness, including by telehealth. 

They have also pressed for the Department of Justice to revive the Comstock Act to bar the mailing not only of mifepristone, but also misoprostol, an ulcer medication that is prescribed off-label as part of the abortion medication regimen. Under the Biden administration, the Justice Department argued that the Comstock Act could not be enforced to enforce a blanket ban on the mailing of mifepristone or misoprostol. 

Democrats have argued that Blanche’s remarks are disqualifying. 

“He wants to strip Americans of their right to choose and strip states of their right to govern,” Sen. Richard Blumenthal, a Democrat from Connecticut, said Tuesday during a meeting of the Senate’s Judiciary Committee.

Sen. Patty Murray, a Democrat from Washington, posted on the social media platform X that “Senators who vote for Blanche are voting for an Attorney General who will attack abortion rights in EVERY state.”

Abortion opponents are concurrently pursuing restrictions on mifepristone through the courts, notably in a case filed by Louisiana, in which the state has argued for the government to reverse its decision approving mifepristone for telehealth. That case is set to be heard by the 5th U.S. Circuit Court of Appeals in September.