Reaffirming the freedom to decide and expressing continued support for medication abortion access.
H. Res. 65 is a House resolution introduced by Representative Gottheimer that reaffirms the freedom to make personal health care decisions and expresses continued support for access to medication abortion. The measure argues against efforts to ban abortion and against misinterpretations of the century-old Comstock Act that could threaten lawful abortions and the mailing or distribution of abortion-related medications (notably mifepristone). It cites a December 23, 2022 Department of Justice Office of Legal Counsel memorandum confirming that 18 U.S.C. § 1461 does not prohibit mailing certain drugs that can be used to perform abortions when the sender does not intend the recipient to use them unlawfully. The resolution condemns restrictions on access to reproductive health care and asserts the federal government’s authority to distribute medication abortion under existing law. It is a non-binding statement of congressional position pending consideration by the relevant committees (Energy and Commerce and Judiciary).
Key Points
- 1Purpose and framing: The resolution reaffirms the freedom to decide and vocalizes ongoing support for medication abortion access; it frames attempts to ban abortion and to misuse the Comstock Act as threats to reproductive health rights.
- 2Legal basis cited: It references the December 23, 2022 DOJ OLC memorandum that supports the mailing of certain abortion-related drugs under federal law when the sender lacks intent for unlawful use, reinforcing a federal stance in favor of distribution of medication abortion.
- 3Policy focus: The text condemns restrictions on access to reproductive health care, including medications like mifepristone, and calls out attempts to misuse the Comstock Act to impede access.
- 4Legislative posture: The bill is a House Resolution (non-binding) that expresses a position of the House and directs consideration by the Committee on Energy and Commerce and the Committee on the Judiciary for provisions within their jurisdiction.
- 5Scope and targets: While focused on medication abortion and mifepristone, the resolution emphasizes broader themes of personal health care decisions, public opinion in favor of access, and opposition to federal restrictions on abortion.