Trump AG Nominee Blanche Signals DOJ Will Oppose Biden-Era Abortion Pill Rules

Attorney General nominee Todd Blanche told the Senate Judiciary Committee that the Department of Justice under a Trump administration would not defend the Biden administration’s relaxed rules for obtaining abortion pills, calling the changes "wrong" and pledging to restore stricter safety guidelines.

Explainer The Complex Legal Landscape of Abortion Laws After Dobbs

The hearing spotlighted a central policy divide over federal abortion pill regulations, with Blanche promising a reversal of Biden-era rules and pro-life groups pressing for immediate legal action.

Blanche, responding to questions from Missouri Sen. Josh Hawley, said the DOJ is "not defending what Biden did, and will not," referencing the removal of safety regulations from mifepristone after the Supreme Court’s Dobbs v. Jackson decision. Blanche stated the department aims to reach a result "consistent with President Trump’s administrative directive and priorities."

DOJ’s Position on Abortion Pill Rules

Blanche told senators that the DOJ would defend the abortion pill safety guidelines set by the first Trump administration, which included an in-person doctor visit requirement. "I anticipate we, the department, would defend those rules," Blanche said. He emphasized that the DOJ’s approach would be to "protect the life of the unborn and work with states" to enforce stricter standards.

Blanche also clarified that while the DOJ supports restoring the earlier safeguards, the responsibility for reviewing and potentially reinstating those guidelines lies with the Food and Drug Administration. "We have to have studies that we can defend in court. We have to be able to say to a judge, probably in this district, that our change was not arbitrary and capricious," Blanche said, noting the FDA has indicated it will not act until its review is complete.

"We want to get to a good result consistent with President Trump’s administrative directive and priorities."

— Todd Blanche, Attorney General nominee

Litigation and Policy Initiatives

Blanche repeatedly declined to discuss the DOJ’s "litigation strategy" in the ongoing Louisiana v. FDA case, citing appropriateness, but pledged to work with states like Missouri to "protect the lives of the unborn children, and frankly, the state’s laws, like Missouri’s, which is really what’s being violated here at its core."

Sen. Hawley proposed a "Protecting Women and Children Initiative" to target coerced abortions, referencing the experience of Louisiana v. FDA plaintiff Rosalie Markezich. Blanche responded, "I very much commit to looking at that. I share your concerns. The story you mentioned, I’m aware of that story. It’s horrible. I think there’s, a lot of that is not necessarily a federal crime, but the federal government can certainly help in that space."

Texas Sen. Ted Cruz asked if the DOJ would "carefully evaluate every lawful action available to ensure the faithful enforcement of the Comstock Act and other federal pro-life acts." Blanche answered in the affirmative.

Pro-Life Groups and Legal Strategy

Some pro-life organizations, including Susan B. Anthony Pro-Life America, have urged Blanche to settle the Louisiana v. FDA case by signing a consent decree that would end the Biden administration’s mail-order abortion pill policy and restore in-person dispensing while the FDA completes its review. However, other pro-life advocates warn that such a settlement could be appealed by abortion drug manufacturers and potentially overturned, complicating the FDA’s review process, according to Newsweek.

The FDA, for its part, has stated it will not reinstate the Trump-era mifepristone Risk Evaluation and Mitigation Strategy until its review is finished. No review is required for the FDA to reinstate some of the previous safeguards, but the agency has not indicated plans for immediate action.

Broader Context and Next Steps

The dispute over mifepristone regulations follows the Supreme Court’s Dobbs v. Jackson decision, which ended federal abortion protections and shifted regulatory authority to states and federal agencies. The Biden administration loosened restrictions on abortion pills, drawing criticism from pro-life groups and Republican lawmakers. The outcome of the Louisiana v. FDA litigation and the FDA’s ongoing review will determine the future of abortion pill access nationwide.

Blanche’s nomination and the DOJ’s stance signal a significant policy reversal, with the department expected to support stricter federal oversight of abortion pill distribution if confirmed.