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Trump says he will not enforce law banning abortion pills by mail, angering pro-life groups

Former U.S. President and 2024 presidential hopeful Donald Trump speaks during the annual Conservative Political Action Conference (CPAC) meeting on February 24, 2024, in National Harbor, Maryland.
Former U.S. President and 2024 presidential hopeful Donald Trump speaks during the annual Conservative Political Action Conference (CPAC) meeting on February 24, 2024, in National Harbor, Maryland. | MANDEL NGAN/AFP via Getty Images

Former President Donald Trump again drew outrage from pro-life organizations this week after he said he wouldn't ban the distribution of abortion pills by mail if elected.

In an interview with CBS News on Monday, Trump answered whether he would enforce the Comstock Act if he won the 2024 presidential election. As explained by reporter Caitlin Huey-Burns, the 1873 law could "prohibit the … distribution of medication abortion by mail."

"No," Trump responded. "We will be discussing specifics of it but generally speaking, no."

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When asked again if he would enforce the Comstock Act, Trump reiterated he would not.

The text of the Comstock Act states that "every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use" is "declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier." It subjects violators to fines and/or imprisonment. 

When asked if chemical abortion pills should be "widely available," Trump replied, "It's going to be available," adding, "It is now."

Trump suggested that the U.S. Supreme Court has adopted the view of "keep it the way it is" regarding the availability of the abortion pill, referring to a decision earlier this year dismissing a lawsuit seeking to invalidate the U.S. Food & Drug Administration's approval of medication abortion pill mifepristone. 

The justices concluded that the plaintiffs who brought the case lacked standing to do so. They did not rule on the merits of the case. 

The former president and Republican nominee's response to the questions did not sit well with pro-life advocacy groups.

"We can't ignore the rule of law and pick and choose the laws that we want to enforce,"  Kristi Hamrick of Students for Life of America told Politico.

"Isn't everybody's criticism of the Department of Justice their selective enforcement? So this would be the selective un-enforcement of a law that says these are dangerous drugs and should not be mailed. It's very problematic for a party that respects the law," she said, referring to the Republican Party. 

Lila Rose, founder and president of the pro-life group Live Action, told the outlet Trump's comments are a cause for concern.

"It seems like Trump doesn't care about the pro-life base anymore," she stressed. 

"When Trump is compromising, it's deeply discouraging to pro-life and pro-family voters, and I think he's putting his own election in jeopardy," she warned. "Quite frankly, this is a losing strategy."

Trump's comments about the Comstock Act were not the only part of the interview that drew the ire of pro-life advocates.

He also declared that "the federal government should have nothing to do with this issue," referring to the legality of abortion. The comment comes as some Republicans and pro-life activists want to push for federal abortion restrictions. Trump has been clear throughout 2024 that he opposes efforts to enact a federal abortion ban and believes the issue should be left to the states. 

Tony Perkins, the president of the Christian conservative activist organization Family Research Council, condemned Trump's view.

"It is not a pro-life position, it's not an acceptable position, and it does not provide the contrast on this issue to the degree that we have had in the past between him and Kamala Harris," Perkins told Politico. 

"What President Trump is doing is suppressing his own support," Perkins added.

Trump faces Democratic Vice President Kamala Harris in the 2024 presidential election. The Democratic Party Platform fully embraces "reproductive rights," signaling an intention to codify the Supreme Court's now-overturned 1973 Roe v. Wade decision that legalized abortion nationwide into federal law. 

Hamrick suggested that if Trump really "wants to be out of the federal business of abortion," he should "No. 1, stop funding it and, two, end the federal prejudice in favor of this distribution."

Pro-life groups have been warning about the risks of medication abortion for several years. A 2020 investigative report compiled by Live Action noted that women who take the abortion pill can experience "severe cramping, contractions, and heavy bleeding." The report detailed how FDA data shows "women can expect the bleeding to last 9 to 16 days on average, while 8% experience bleeding for more than 30 days."

The report cited statistics suggesting that the abortion pill caused 24 maternal deaths between 2000 — when the FDA first approved it — and 2018 and caused more than 1,000 hospitalizations and over 4,000 "total adverse events."

Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com

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