Reading Room Document

Congressman Jack Edwards has requested the Department to bring a prosecution to enforce that part of 18 U.S.C. § 1461 which prohibits the mailing of pro-abortion materials.

The document discusses a request from Congressman Jack Edwards for the Department of Justice to prosecute the mailing of pro-abortion materials, which is prohibited by 10 U.S.C. 1461. The Criminal Division has concluded that this portion of the law is unconstitutional and has recommended that Congress be notified of this conclusion. The document presents the question of whether the Department of Justice should enforce a law that it deems unconstitutional, and it includes a proposal report for Congress to review and sign. The conclusion reached is that the relevant portion of 10 U.S.C. 1461 is unconstitutional, and the document raises the question of how the Department of Justice should proceed in enforcing laws it deems unconstitutional.

January 12, 1981