Article Summary –
Pam Bondi, previously Florida’s first female attorney general, has been sworn in as the 87th U.S. attorney general, where she now oversees the Department of Justice and advises President Donald Trump on legal matters. Her past efforts include supporting restrictions on abortion and contraception, and she may enforce the Comstock Act, a law from 1873 that criminalizes the distribution of abortion-related materials through the U.S. mail, despite its limited enforcement since the 1930s. Bondi’s stance on abortion is evident from her support for mandatory waiting periods and opposition to contraception mandates, but she claims her personal beliefs will not interfere with her legal duties, though her recent interaction with a Louisiana district attorney suggests she might enforce anti-abortion laws.
Pam Bondi was sworn in as the 87th U.S. attorney general on Feb. 5.
Bondi, Florida’s first female attorney general from 2011-2019, now advises President Donald Trump on legal issues and oversees the Department of Justice.
During her time as Florida attorney general, Bondi supported abortion and contraception restrictions. She is now empowered to enforce federal laws, including the Comstock Act.
The Comstock Act has been part of U.S. law since 1873. This anti-vice law criminalizes mailing “obscene” or “indecent” materials, including abortion-related items. Violations can result in fines, up to five years in prison, or both.
Although its scope has narrowed and it hasn’t been regularly enforced since the 1930s, anti-abortion groups see it as a tool to block abortion medication distribution. While Bondi hasn’t directly addressed her stance on enforcing the Comstock Act, her record in Florida suggests a likely approach.
Bondi supported 24-hour mandatory waiting periods for abortions. She joined amicus briefs against contraception access, arguing employer-provided insurance for it under the Affordable Care Act violated religious freedom. She also backed a brief supporting Alabama law restricting abortion clinics near schools and criminalizing inadequate fetal tissue disposal. Additionally, she supported Texas Senate Bill 8, which banned abortion after 14-16 weeks.
During her Jan. 14 confirmation hearing, Sen. Cory Booker questioned Bondi on whether she would continue defending the FDA’s 2000 approval of the abortion medication mifepristone. She stated she would review the policy, stressing her pro-life stance wouldn’t affect law enforcement.
Bondi recently expressed interest in collaborating with Louisiana’s 18th Judicial District Attorney Tony Clayton, after an indictment against a New York abortion provider for mailing abortion pills. This indicates her potential willingness to enforce the Comstock Act or challenge shield laws protecting medical providers from out-of-state investigations.
On Jan. 22, 13 anti-abortion leaders sent a letter to acting Attorney General James McHenry, urging the DOJ to enforce Comstock, calling it an “anti-abortion trafficking law.”
“Enforcing the federal anti-abortion trafficking law is essential to prevent unsafe abortion pill distribution,” the letter states, posted by Americans United for Life. “Ignoring this law exposes women to dangerous drugs and undermines medical integrity. We urge DOJ to investigate and enforce against illegal abortion pill distribution.”
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