The Comstock Act, a set of anti-vice laws from the 19th century, has been largely dormant due to Supreme Court decisions on free speech, birth control, and abortion. However, with the recent overturning of Roe v. Wade, some allies of former President Donald Trump are looking to resurrect the Comstock Act to ban medication abortion and potentially surgical abortion as well without the need for new federal legislation.
Project 2025, a coalition of conservative organizations, has laid out a plan to enforce the Comstock Act’s criminal prohibitions on using the mail to provide or distribute abortion pills. This could also extend to preventing the mail from transporting tools used in surgical abortions. While conservatives are aware that this move would be unpopular, they are strategizing on how to implement it without drawing too much attention.
On the other hand, Democrats are urged to raise awareness about the potential revival of the Comstock Act. Senator Tina Smith of Minnesota has introduced a bill to overhaul the Act, and there is a petition for President Biden to posthumously pardon one of Comstock’s high-profile victims. It is important for Democrats to take action and ensure that the public understands the implications of enforcing the Comstock Act in the current political climate.
In a conversation with former Planned Parenthood official Senator Tina Smith, she emphasized the importance of taking the right-wing’s intentions seriously. Just as the overturning of Roe v. Wade was not a surprise to those paying attention, the resurrection of the Comstock Act should not be underestimated. When political opponents express their goals, it is crucial to believe them and take proactive measures to prevent regressive policies from being implemented.
As we navigate the changing landscape of reproductive rights in the United States, staying informed and advocating for policies that protect access to essential healthcare services is more critical than ever. The potential revival of the Comstock Act serves as a reminder of the ongoing threats to reproductive freedom and the need for continuous vigilance and action to safeguard these rights for all individuals.