Reps. Krishnamoorthi, Phillips, Pressley, Porter, And Bush Call On Private Mail Carriers To Uphold Customers’ Constitutional Rights to Privacy and Protections Against Unreasonable Search and Seizure Of Abortion Medications

WASHINGTON – Today, Representatives Raja Krishnamoorthi, Dean Phillips, Ayanna Pressley, Katie Porter, and Cori Bush requested a closed briefing with private mail carriers to detail what each company is doing to ensure individuals' rights to privacy and protections against unreasonable search and seizure are upheld. In the wake of the recent U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health, certain state and local law enforcement entities may attempt to prevent access to safe, effective, and legal abortion medication by seizing deliveries while in transit.

"Nineteen states have specifically banned the use of telemedicine to provide medication abortion, seeking to prevent women and gender diverse individuals from accessing abortion medication," the Members wrote. "However, while these state laws may prevent the dispensation of abortion medication, abortion medication is not an illicit substance and individuals are under no obligation to turn over this medication to law enforcement."

"In the event that state or local law enforcement request to search packages in your company's possession for abortion medication, we urge you to uphold your customers' constitutional protections against unreasonable search and seizure by requiring that law enforcement provide a search warrant before giving officers access to company premises or property," the Members continued. "Moreover, in the event that your employees become aware that a package in their possession contains abortion medication, they are under no obligation to alert law enforcement, as this medication is FDA-approved and therefore legal."

"As some states move to ban or severely restrict access to medication for reproductive health care, it's important that we do everything we can to ensure that women and gender diverse individuals can still access abortion medication," said Congressman Krishnamoorthi. "Private mail carriers must do everything they can to protect their consumers' constitutional right to privacy."

"FDA-approved abortion medication is more important now than ever," Congressman Phillips said. "Women are not the property of their State, so they should be able to receive mail from whomever they please without fear of reprisal."

"We must use every tool available to protect reproductive healthcare," said Congresswoman Pressley. "People have a right to access safe, effective and FDA-approved medication abortion through the mail, and mail delivery companies must commit to respecting that right."

"Every American should be free to make their own private decisions," said Congresswoman Porter, a member of the House Oversight and Reform Committee. "Extremists have indicated they'll use every trick in the book to prevent Americans from obtaining abortions, including through legal home delivery. My colleagues and I want to know how carriers intend to respect the freedom of Americans who seek legal, safe, effective, FDA-approved medication through the mail."

"At a time when states like Missouri are enacting far-right extremist, harmful abortion bans, Congress has a responsibility to do everything we can to safeguard people's privacy and protect access to abortion care. I am proud to join my colleagues in calling for a briefing with private mail carriers to ensure that people can continue to access critical, lifesaving medication without fear of being investigated and criminalized because of their reproductive health care decisions," said Congresswoman Bush.

The full text of the letter to FedEx, UPS, and DHL are each available here.