Sen. Josh Hawley, R-Mo., has sent a criminal referral to Acting Attorney General Todd Blanche requesting that the Department of Justice open an investigation into Plan C, describing the organization as a left-wing dark-money operation that serves as a referral and logistics hub for distributing abortion pills into states where they are restricted by law.
The referral letter alleges that Plan C connects women in states including Florida, Oklahoma and Texas with foreign clinics willing to mail abortion drugs into the United States despite state restrictions. Hawley's letter also says the group directs users to online vendors selling abortion medications without prescriptions or medical consultations.
What the Right Is Saying
Hawley's letter argues that Plan C's activities warrant federal criminal investigation under multiple statutes. He specifically cited provisions of the Federal Food, Drug and Cosmetic Act covering prescription drugs, laws prohibiting the importation of unapproved drugs into interstate commerce, and federal conspiracy and aiding-and-abetting statutes.
"At the center of the effort is an entity called Plan C," Hawley wrote in the referral letter. "I therefore respectfully refer this matter to the Department to open a criminal investigation into Plan C, its relationship with potential co-conspirator manufacturers, and the network of suppliers it promotes."
The senator also noted that Plan C directs women to providers willing to prescribe abortion pills through 14 weeks of pregnancy, beyond FDA-approved labeling for mifepristone and beyond limits set by several states. Hawley previously urged a DOJ probe into an abortion pill manufacturer over safety concerns.
Anti-abortion groups have argued that circumventing state laws on medication abortion undermines the democratic process in those jurisdictions and potentially endangers women by facilitating access to drugs without proper medical oversight or follow-up care.
What the Left Is Saying
Abortion rights advocates argue that criminalizing the distribution of FDA-approved medication interferes with women's healthcare access. Mifepristone, one of the drugs distributed through such networks, carries FDA approval and has been deemed safe for use within specific parameters. Privacy advocates note that women in states with abortion restrictions still have legal medical options and say enforcement actions could disproportionately affect low-income women who lack resources to travel to sanctuary states.
Reproductive health organizations have argued that state-level bans on medication abortion create patchwork access that complicates legitimate medical care, particularly for women experiencing pregnancy complications. Healthcare providers who support broader access contend that criminal investigations into information sharing may chill public health education efforts.
Plan C's own website acknowledges that users could face legal consequences for obtaining pills through recommended services while stating it is up to individuals to decide what level of risk they are willing to accept, a framing some legal analysts say complicates questions of organizational liability.
What the Numbers Show
A blue state shield laws analysis found that 330,000 abortion pills were sent to states with abortion bans under current protections. Plan C's website acknowledges that pills sold through some recommended sites are not regulated or inspected by the U.S. government.
The FDA approved mifepristone in 2000 and has subsequently expanded access, including allowing certified pharmacies to dispense the drug and removing a requirement for an in-person visit during the COVID-19 pandemic, though those flexibilities have faced legal challenges.
State-level restrictions on medication abortion vary significantly. As of 2026, approximately half of U.S. states have enacted bans or severe restrictions following the Supreme Court's Dobbs decision returning abortion regulation to individual states.
The Bottom Line
The Justice Department has not indicated whether it will act on Hawley's referral. Plan C did not respond to requests for comment from Fox News Digital, which first reported this story.
The case raises questions about federal enforcement priorities regarding drugs that have FDA approval but face state-level restrictions. Legal experts say criminal liability could extend beyond manufacturers and distributors to include organizations that facilitate access in restricted states under conspiracy or aiding-and-abetting theories.
What happens next will depend on whether DOJ elects to investigate the referral and what scope any investigation would take. The case also may influence pending litigation over federal preemption questions regarding state abortion drug restrictions.