Archived version

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The Comstock Act is an 1873 law that, if enforced, would outlaw all abortions in America by banning the shipping via mail, UPS, FedEx, etc., of any device, drug, or instrument that can be used to produce an abortion. It would even shut down hospital abortions.

It could also be used to empower new state or even federal police agencies specifically overseeing women violating its provisions. Like the menstrual police, which a Trump senior advisor just said was a very real possibility.

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It’s the opinion of the Biden Administration that the Comstock Act — which is still on the books — is no longer enforceable, and the Biden DOJ (along with those of every president since Richard Nixon) refuses to enforce it.

Senator JD Vance disagrees.

He (and a few other Republican senators) sent a letter to Merrick Garland demanding that the Comstock Act be enforced by the FBI and DOJ now. He wrote:

“It is disappointing, yet not surprising, that the Biden administration’s DOJ has not only abdicated its Constitutional responsibility to enforce the law, but also has once again twisted the plain meaning of the law in an effort to promote the taking of unborn life.”

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The authors of Project 2025 agree as well, saying that the next Republican president should immediately restore enforcement of the law to end all abortion in America. They propose the next Republican president should launch:

“[A] campaign to enforce the criminal prohibitions” of the Comstock Act, including “against providers and distributors of abortion pills.”

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Former NY Postmaster and anti-pornography crusader Anthony Comstock lobbied for and shepherded through Congress his law; it passed on March 3, 1873 and was titled “An Act for the Suppression of Trade in, and Circulation of, obscene Literature and Articles of immoral Use.” Today we refer to it as the Comstock Act.

Its language with regard to abortion is not at all ambiguous:

“Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance … designed, adapted, or intended for producing abortion, or for any indecent or immoral use; and “Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose; and “Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed; and “Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose; and “Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing— “Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier."

The penalty is also not ambiguous. Persons mailing information about abortion, or drugs or devices to produce an abortion:

“[S]hall be fined under this title or imprisoned not more than five years, or both, for the first such offense, and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.”