In a brand new temporary, KFF examines how the Comstock Act, an 1873 anti-vice legislation banning the mailing of obscene matter and articles, could possibly be utilized by an anti-abortion presidential administration to sharply prohibit the supply of abortion nationwide.
The Biden Administration’s Division of Justice has mentioned the Comstock Act shouldn’t be interpreted actually with respect to abortion and has not enforced it. Nonetheless, a future administration against abortion rights might interpret the legislation in another way, doubtlessly criminalizing the distribution of abortion medicines and different supplies used to offer abortion care all through the county—together with in states the place abortion is presently authorized and guarded.
Whereas the presumed Republican nominee, Donald Trump, has not spoken publicly in regards to the Comstock Act, main anti-abortion and conservative organizations that assist Trump’s candidacy have urged its enforcement. Additional, within the current oral arguments on the Supreme Court docket concerning the FDA’s regulation of mifepristone, two of the Justices signaled their assist for the enforcement of the 150-year-old anti-obscenity legislation.
Some members of Congress who assist abortion rights are pushing to repeal the Comstock Act, however discussions are within the early levels and repeal is unlikely in a intently divided Congress. Abortion has emerged as a key difficulty within the 2024 election, and the Comstock Act could also be a part of the talk.
Learn the temporary for extra data and context about these points.