U.S. Postal Service can continue delivering abortion pills even in states where abortion access is severely restricted, DOJ says.
to fill prescriptions for one of the pills, mifepristone, if a certified health care provider prescribes the drug and if that pharmacy meets certain requirements., which was passed by Congress under the administration of Ulysses S. Grant, criminalized the act of using the U.S. Postal Service to send contraceptives, substances that induce abortion, pornographic content, sex toys and any written material about these items.
Mifepristone and Misoprostol, the two drugs used in a medication abortion, are seen at the Women's Reproductive Clinic in Santa Teresa, N.M.
"Because there are manifold ways in which recipients in every state may lawfully use such drugs, including to produce an abortion, the mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully," the opinion continued.
In a statement to ABC News, USPS said the opinion "confirms that the Comstock Act does not require the Postal Service to change our current practice, which has been to consider packages containing mifepristone and misoprostol to be mailable under federal law in the same manner as other prescription drugs."
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