Earlier this month, the Biden Justice Department’s Office of Legal Counsel declared that a provision of a 150-year-old law called the Comstock Act that makes it illegal for the United States Postal Service to deliver any “article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion” does not mean what it plainly says.

According to OLC’s “logic,” abortion pills may be freely mailed, delivered, and received “where the sender lacks the intent that the recipient of the drugs will use them unlawfully.” And because “there are manifold ways in which recipients in every state may use these drugs, including to produce an abortion, without violating state law,” 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.” Never mind that the entire point of mailing abortion drugs is to get around state pro-life laws in the name of abortion “access.”