More than 170 Republican members of Congress have signed a letter urging the Trump administration to immediately reinstate the requirement that abortion pills be dispensed in person. The letter also calls for an expedited review of data on the safety risks associated with these drugs.
The Biden administration had previously removed the in-person dispensing requirement for abortion pills. The Department of Justice’s Office of Legal Counsel stated that a provision from the 1873 Comstock Act, which prohibits mailing items intended for abortions, does not prevent mailing abortion pills if there is no clear intent for unlawful use. The Supreme Court declined to hear a challenge to this interpretation due to standing issues.
The November 20 letter was led by Representatives Chris Smith (R-NJ) and Diana Harshbarger (R-TN), and addressed to Health & Human Services Secretary Robert F. Kennedy Jr. and FDA Commissioner Marty Makary. It asks that “the deleterious and grossly underreported effects on women of the drug mifepristone be aggressively investigated and decisive action taken to protect women from harm” and urges “immediate action be taken to, at a minimum, reinstate the in-person dispensing requirement for mifepristone.” House Speaker Mike Johnson and other Republican leaders also signed the letter.
The letter references an April analysis by the Ethics and Public Policy Center, which found that nearly 11 percent of women experienced serious health complications after taking mifepristone, based on insurance data. Similar findings were reported by the Restoration of America Foundation. These studies contribute to what lawmakers describe as “a growing body of evidence indicating that the health risks associated with mifepristone abortions are severe, widespread, and significantly underreported.”
According to the letter: “The dangerous Biden mail-order scheme was designed to give abortion activists license to mail drugs everywhere, even into states like [abortion coercion victim Rosalie] Markezich’s home state of Louisiana that have pro-life protections for pregnant mothers and their unborn babies,” it says. “These drugs are sent across state lines with no physician oversight, and without appropriate screening to ensure that bad actors are not secretly poisoning women without their knowledge or forcing women to take abortion drugs against their will—a clear indication that radical pro-abortion activists care more about protecting abortion access than about upholding women’s health and safety.”
Currently, almost two-thirds of all U.S. abortions are performed using medication rather than surgical procedures.
“Under your leadership, HHS and FDA can reverse this wrong,” the letter concludes. “We urge you to immediately reinstate the REMS requiring in-person dispensing of mifepristone and to expedite the promised review by the FDA into the dangers of abortion drugs.”
Recent reports indicate a shift toward chemical abortions even as overall numbers of abortion facilities decline nationwide. In 2022, Operation Rescue reported a net decrease in facilities but noted an increase in those specializing in medication abortions such as mifepristone and misoprostol.
Planned Parenthood continues operating nearly 600 facilities nationwide after Roe v. Wade was overturned by the Supreme Court. Its most recent annual report shows it performed over 392,000 abortions during its latest reporting period—about 40 percent of all U.S. abortions according to Prof. Michael New from Lozier Institute.
Chris Smith has served as U.S. Representative for New Jersey’s 4th district since replacing Frank Thompson in 1981 (https://bioguide.congress.gov/search/bio/S000522). He was born in Rahway, New Jersey in 1953 and currently resides in Manchester Township (https://www.house.gov/smith/about). Smith graduated from The College of New Jersey with a Bachelor of Science degree in 1975.
