Ohio Religious Group Urges Federal Prosecutors to Ban Mail-Order Abortion Pills
A Columbus religious advocacy group wants federal prosecutors to use a 150-year-old law to stop mail-order abortion medications despite recent Supreme Court rulings.
COLUMBUS, OHIO — A religious advocacy organization is urging federal prosecutors to enforce a 19th-century law to stop the mailing of abortion medications, despite recent U.S. Supreme Court decisions allowing the practice to continue.
The Center for Christian Virtue, based in Columbus, sent letters to two U.S. attorneys in Ohio requesting enforcement of the federal Comstock Act against mail-order abortion drugs. The organization addressed its appeal to Dominick Gerace II, U.S. Attorney for the Southern District of Ohio, and David M Toepfer, U.S. Attorney for the Northern District of Ohio.
Comstock Act Enforcement Requested
The advocacy group specifically wants prosecutors to apply the Comstock Act “as it applies to the interstate mailing of mifepristone” and other drugs used in abortion procedures. Aaron Baer, president of the Center for Christian Virtue, argued that previous non-enforcement represented a policy choice rather than a legal determination.
“For decades, federal prosecutors chose not to enforce these provisions,” Baer stated in the letter. “That prosecutorial discretion was a policy choice; it was never a legal determination that the statute was unenforceable or unconstitutional.”
Historical Context of Federal Law
The Comstock Act dates back to 1873 and originally prohibited “obscene” and “immoral” materials from mail distribution. The law specifically targeted anything “designed, adapted, or intended for producing abortion” as examples of materials whose distribution was criminalized.
Federal courts removed contraception-related provisions in the early 1970s. The 1973 Roe v. Wade Supreme Court decision, which established constitutional abortion rights nationwide, significantly changed how the law was interpreted and enforced until Roe was overturned in 2022.
Ohio’s Current Abortion Laws
Despite the federal legal changes, Ohio voters approved a constitutional amendment legalizing abortion and other reproductive care in 2023. The amendment passed with 57% voter support, establishing state-level protections for abortion access.
Medication abortion has become increasingly prevalent in Ohio, according to state data. The procedure typically involves mifepristone used together with misoprostol in a regimen that allows abortion without surgical intervention.
Abortion rights advocates view medication abortions as a safer and more accessible option, particularly benefiting low-income individuals and those without reliable transportation to abortion clinics or who live far from facilities providing abortion services.
The Supreme Court ruled earlier this month that telehealth access to abortion medication can continue under current U.S. Food and Drug Administration regulations, maintaining the status quo for mail-order abortion pills despite ongoing legal challenges.
