Trump’s New Attorney General Signals Broad Threat to Abortion Access

Mifepristone, originally synthesized in a French laboratory in the 1980s and marketed as RU‑486, when used with misoprostol—commonly prescribed for gastric ulcers—effectively terminates pregnancies by blocking progesterone, stopping fetal development, and inducing uterine contractions. The regimen is highly reliable and safe, and its cost has decreased markedly. Following the Supreme Court’s decision in Dobbs, the medication has become widely accessible, including in states with abortion restrictions, where it can be mailed directly to patients. The availability of the pill has eliminated the severe health risks associated with pre‑Roe underground abortions, which often resulted in serious injury or death.

Consequently, the Trump administration and its right‑leaning allies are seeking to eliminate the medication. This effort gained momentum this month with the confirmation of Todd Blanche, former personal counsel to Donald Trump and an outspoken anti‑abortion advocate, as the United States Attorney General.

The confirmation vote, decided by a single vote along party lines, took place in the early hours of 8 August. Critics noted that the timing may have been intended to avoid public scrutiny. Blanche has demonstrated unwavering loyalty to President Trump and appears ready to reshape the Department of Justice into an instrument for political retaliation, favoritism, and the suppression of opposition. Most concerning is his public and private statements indicating an intent to wield the Department’s legal and investigative authority to restrict nationwide access to abortion, specifically by targeting the distribution of mifepristone.

During a White House‑facilitated call with Christian conservative leaders days before his confirmation, Blanche declared that, as Attorney General, he would pursue a more aggressive approach than his predecessor, Pam Bondi, to prohibit the interstate mailing of mifepristone and to challenge states that have shielded abortion access. He told the group Intercessors for America that the Department of Justice is working “to make the Dobbs decision permanent in every state.” He added, “We do not yet have complete victory, but we will achieve it soon, and it will be permanent.”

The precise method by which Blanche plans to achieve this goal remains uncertain, but several avenues are available to the Attorney General. His remarks have sparked speculation that he may seek enforcement of the Comstock Act of 1873, a historically dormant statute that could be invoked to prohibit the mailing of abortion medication, thereby limiting access for women in states with bans. In 2022, the Biden administration’s Department of Justice stated that medical providers could not be prosecuted under the Comstock Act for mailing abortion pills; as Attorney General, Blanche could reverse that guidance. Application of the Act would also encompass misoprostol, the second medication used in some self‑induced abortions, potentially halting all commercial distribution of both drugs and undermining the proven safety of the regimen.

Alternatively, Blanche could pursue litigation against states that protect abortion access. He explained that such states’ laws—intended to protect life from conception—should preclude other jurisdictions or organizations from challenging them, such as by mailing medication across state lines.

Blanche indicated that he would also leverage other agencies’ authority to restrict abortion access. During the same call, he said his Department is “working hand in hand” with health agencies to cement the Dobbs decision. The Food and Drug Administration, which expanded mifepristone access in 2021 and made the change permanent in 2023, has faced pressure from anti‑choice advocates in the MAGA coalition to modify its guidance—potentially barring telehealth prescriptions and requiring in‑person pickup, thereby limiting access in Republican‑controlled states. The anti‑abortion movement has also prompted the FDA to launch a safety review of mifepristone, a step widely regarded as a prelude to its removal from the market. While the Department of Justice has so far defended the drug’s online availability in litigation, a Blanche‑led DOJ could reverse that position.

Since returning to office, President Trump has been cautious about advancing the anti‑abortion agenda of his allies, likely deterred by the political fallout from the Dobbs decision, which contributed to unexpectedly strong Democratic performance in the 2022 midterms and a series of subsequent pro‑choice victories in special elections. Critics have accused the administration of moving slowly on abortion issues since Trump’s 2025 return. Nevertheless, the administration has taken limited actions, such as abandoning enforcement of the Freedom of Choice Act, which prohibits physical obstruction of clinic access, and granting pardons and payments to individuals convicted under the law, at taxpayer expense. The impending 2026 midterm elections, which have constrained his agenda, will soon be out of the way. The appointment of Todd Blanche signals a concerning shift for women’s reproductive rights, suggesting that further abortion restrictions are likely to be pursued in 2027.

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