When the U.S. Supreme Court overturned Roe v. Wade in June 2022, the justices returned the issue of abortion to the states, where it had resided until 1973, when a previous high court somehow found a ‘constitutional right’ to abortion.
Since then, several states have dusted off previously passed legislation either restricting the procedure or banning it outright.
Some of those laws have since been struck down or watered down, but the restrictions on the procedure remain in several states.
That includes “medical abortions” – that is, ending a potential pregnancy before it begins using medications.
During a confirmation hearing for acting Attorney General Todd Blanche last week, Texas Sens. John Cornyn and Ted Cruz pressed Blanche on access to the abortion pill Mifepristone.
Blanche said he would revisit the Justice Department’s current interpretation of the 1873 Comstock Act, which, under existing DOJ guidance, permits the mailing of abortion medication under certain circumstances.
During former President Joe Biden’s administration, the Justice Department issued a legal opinion concluding that the Comstock Act—which prohibits mailing “abortion-causing articles”—does not bar the mailing of abortion medications under current law.
Cruz asked Blanche whether, if confirmed, he would “commit to carefully reviewing that opinion, to ensure that it faithfully reflects the actual statutory text that Congress enacted” in 1873.
“Yes, I will,” Blanche responded.
If Blanche’s Justice Department ultimately reinterprets the Comstock Act to prohibit the nationwide mailing of abortion medication, it could pave the way for the Trump administration to block the delivery of abortion pills by mail to women in states with abortion restrictions who seek to end their pregnancies at home, Ms. Magazine noted.
A poll of U.S. adults conducted in January 2026 found that 67% of respondents support legal limits on abortion, including restrictions on when the procedure can be performed, reflecting broad public backing for some level of regulation on the practice.
A similar majority also expressed support for laws designed to protect both mothers and unborn children.
The poll surveyed 1,408 adults nationwide, asking about support for legal limits on abortion, restrictions by trimester, and related issues such as protections for healthcare professionals who object to participating in abortions on religious grounds.
Among those surveyed:
- 67% said they favor placing legal limits on abortion, even if the procedure remains available in many circumstances.
- 57% supported limiting elective abortion to at most the first trimester in most situations.
- 63% said that healthcare workers with religious objections should not be required to participate in abortions.
- A strong majority also said laws can be written to protect both the mother and the unborn child.
The poll also found broad support for pregnancy resource centers that provide assistance to expectant mothers and families.
Despite the majority backing limits, the survey indicated that more Americans identify as “pro-choice” than “pro-life.”
In the same poll, roughly 62% described themselves as pro-choice, while 37% said they were pro-life.
Director of the Marist Poll, Dr. Barbara L. Carvalho, noted, “Despite the publicly heated debates about abortion, there remains a consensus of opinion on this issue among Americans.”
Her remarks underscored a surprising unity beneath the surface of a polarized topic, as reported by The Center Square.
Carvalho told the outlet: “Despite the publicly heated debates about abortion, there remains a consensus of opinion on this issue among Americans.”
“Americans believe abortion should be limited yet include exceptions for rape, incest, or to save the life of the mother,” Carvalho said.
Public opinion on abortion has long been complex. Previous research has shown that while many Americans support abortion being legal in some circumstances, support tends to decline for later stages of pregnancy.
The new data arrive as abortion continues to be a central issue in national political debates, with lawmakers and advocacy groups on both sides citing public opinion in discussions about policy and legislation.
This article may contain commentary which reflects the author's opinion.
