Newly confirmed Attorney General Todd Blanche drew swift criticism from reproductive-rights groups after leaked audio suggested he wants to make the post-Roe legal landscape "permanent." Advocates fear federal efforts could target mail-order abortion medication and other protections even in states where abortion remains legal. Blanche has said he will review the Justice Department's interpretation of the 1873 Comstock Act, and litigation over mifepristone and telehealth access is likely to continue. The DOJ says his comments were focused on mail-order drugs and will be considered in context.
Todd Blanche Confirmed as U.S. Attorney General — Abortion Rights Groups Sound 'Red Alert'
Abortion rights groups fear newly confirmed Attorney General Todd Blanche will restrict access to the procedure nationwide, after leaked audio caught Blanche telling faith leaders he was gearing up for a 'permanent' victory on abortion (Reuters)
Newly confirmed U.S. Attorney General Todd Blanche was approved by the Senate in a narrow 50-49 vote early Saturday, prompting urgent warnings from reproductive-rights advocates who say his tenure could lead to new federal efforts to restrict abortion access — including limits on mail-order medication and legal strategies aimed at entrenching the post-Roe landscape nationwide.
Leaked Audio and Immediate Reactions
Abortion-rights groups were alarmed after leaked audio, obtained by Politico, in which Blanche — who previously served as former President Donald Trump's criminal defense attorney — said he intended to make the Supreme Court's 2022 decision that removed the constitutional right to abortion "permanent in every single state."
"We don't have complete victory yet, but we will have victory, and victory will be soon, and it will be permanent," Blanche reportedly said. He added that the Justice Department would adopt "practices and policies" to prevent other states or organizations from undermining state protections, citing mail-order drugs as an example.
The Justice Department told The Independent that Blanche's remarks "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." Advocates, however, say the comments — combined with his stated priorities — justify heightened concern.
Legal Flashpoints: Comstock Act, Mifepristone and Courts
During his confirmation, Blanche said he would review the Justice Department's interpretation of the 1873 Comstock Act, a 19th-century federal statute that historically banned sending certain materials through the mail and includes language about "abortion-causing articles." A 2022 DOJ opinion concluded the law does not automatically bar shipment of abortion medications, noting that such drugs have lawful uses in many states.
Republicans are pushing the DOJ to settle cases challenging access to mifepristone, a commonly used abortion pill (AFP/Getty)
Republican lawmakers have urged the DOJ to settle ongoing litigation over mifepristone, the widely used medication for medical abortion. In 2023, the FDA removed in-person dispensing requirements for mifepristone, expanding telehealth and mail-order access — changes that prompted legal challenges in conservative states. The Supreme Court recently intervened to preserve nationwide access while litigation continues.
Trends and Context
Contrary to expectations held by some anti-abortion advocates, abortions in the U.S. have risen in some regions since the 2022 Supreme Court decision overturning Roe v. Wade. Observers attribute this to expanded telehealth services, Biden administration policies, and state-level "shield laws" enacted in Democratic-led states to protect providers and patients.
Blanche's confirmation debate also touched on unrelated but politically charged issues, including a previously proposed $1.8 billion provision criticized by opponents as a potential "slush fund" for political allies and a clause that would have limited certain IRS oversight of the president. His narrow confirmation reflects continued divisions in the Senate over both his qualifications and the administration's broader agenda.
What Comes Next
Advocates on both sides are preparing for legal and policy battles. Rights groups warn Blanche's priorities could lead to federal actions targeting mail-order abortion medication and other avenues of care, while the DOJ maintains that any steps will be guided by legal review and existing precedent. The Independent has reached out to the Justice Department for further comment.
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