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The report addresses renewed attention to the law that restricts the mailing of abortifacients.
Americans United for Life released a report Monday on mail-order abortion rules within the federal Comstock Act. The report, authored by Litigation Counsel Carolyn McDonnell, provides an overview and statutory history of federal mail-order abortion rules, and addresses some misconceptions about these laws.
The report shows that 18 U.S.C. §§ 1461–1462 contain mail-order abortion rules that restrict the mailing of abortifacient matter through the United States Postal Service, express companies, common carriers, or interactive computer services. In addition, the report responds to some myths surrounding the laws, and demonstrates that nonuse has not repealed these laws, that repealing these laws would have negative public policy implications, and that the laws do not prohibit the mailing of surgical instruments and drugs for purposes other than abortion.
Chief Legal Officer & General Counsel Steven Aden said, “Over 60% of abortions in America today are done by chemical abortion pills. Federal law prohibits mail-order chemical abortions. With her typical precision and thoroughness, AUL’s Carolyn McDonnell has demonstrated that these life-saving laws are soundly based in patient health and safety and remain in effect and fully enforceable.”