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USPS employees can’t be sued by states for delivering abortion medications, DOJ finds

January 5, 2023

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The Postal Service can continue to deliver prescription abortion medications nationwide, without the agency or its employees facing legal action in states that have restricted access to abortion, according to the Justice Department

DOJ’s Office of Legal Counsel, in an opinion released Tuesday, told USPS it can still deliver packages that contain mifepristone and misoprostol, two prescription drugs commonly used to induce abortions.

USPS general counsel requested a legal opinion from DOJ after the Supreme Court in June 2022 overturned its 1973 Roe v. Wade ruling, which guaranteed a federal right to have an abortion.

DOJ’s legal opinion protects USPS employees from facing legal consequences in states that have restricted abortion since the Supreme Court’s ruling last summer.

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