January 24, 2025
Mr. Gottheimer submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
Reaffirming the freedom to decide and expressing continued support for medication abortion access.
Whereas antiabortion extremists are desperate to ban abortion nationwide and are trying to misuse a centuries-old zombie law to achieve their goals;
Whereas there is a settled understanding of the Comstock Act for nearly a century, and the Department of Justice, the courts, and Congress have made clear that the Comstock laws do not apply to lawful abortions;
Whereas the majority of the public supports abortion access, and an overwhelming majority of Americans (80 percent) oppose a Federal law banning abortion nationwide;
Whereas antiabortion extremists are waging a war on reproductive rights, including the ability to make personal, private health care decisions;
Whereas misusing, misapplying, and misinterpreting the Comstock Act would be yet another attempt to attack access to medication abortion, a safe and effective health care option;
Whereas misusing, misapplying, and misinterpreting the Comstock Act could threaten certain shipping and transportation of basic medical materials; and
Whereas misusing, misapplying, and misinterpreting the Comstock Act could further threaten and endanger sexual and reproductive health: Now, therefore, be it
That the House of Representatives—
(1)
affirms the existing authority to distribute medication abortion under Federal law, as confirmed by the December 23, 2022, Department of Justice’s Office of Legal Counsel Memorandum Opinion for the General Counsel of the United States Postal Service which states in part that Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the sender lacks the intent that the recipient of the drugs will use them unlawfully.
; and
(2)
condemns restrictions on access to and coverage of reproductive health care, including medication abortion like mifepristone.