Staff Reports
The Democrats, ever the champions of revisiting ancient laws to suit their current agenda, are now dragging out the Comstock Act of 1873. They seem to think resurrecting this relic from the past will galvanize their supporters, painting Republicans as the harbingers of doom for women’s rights. The act, designed to stop the mailing of anything deemed “obscene” or related to abortion, has been chilling in the legislative attic for decades. But now, Democrats are waving it around like it’s the newest iPhone.
Team Biden, always keen on creative interpretations, claims the act only applies to illegal abortions. Conservatives, however, note that this dusty old law still has legs, especially when it comes to banning abortion pills like mifepristone and misoprostol. Enter Sen. Tina Smith from Minnesota and Rep. Pat Ryan from New York, who’ve introduced a bill aiming to strike down the Comstock Act. Their latest stunt to put Republicans on the defensive shows just how desperate they are to keep abortion a central election issue.
Trump allies are already planning to enforce the 1873 Comstock Act to ban distribution of abortion pills and equipment by the mail. There’s no reason a safely elected 47th President Trump wouldn’t go along. https://t.co/aAgbtHOnzf
— New York Magazine (@NYMag) June 23, 2024
The Democrats have recently been burnishing their image as the defenders of reproductive rights, pushing through votes on contraception and in vitro fertilization with the same fervor as a TikTok influencer promoting dietary supplements. They’re also planning a vote to codify Roe v. Wade. Smith, in her melodramatic style, warns that a future Republican president might use this “150-year-old zombie law” to curtail abortion rights everywhere, even in states where abortion is protected.
Before the SCOTUS decision that sent Roe v. Wade to the legal trash heap in 2022, the Comstock Act was about as relevant as an 8-track tape. But now, anti-abortion advocates see a new way to restrict access, bringing the old law back into the conversation. The Heritage Foundation even rolled out a 900-page playbook titled “Mandate for Leadership,” which essentially hands a road map to any Republican president looking to block the mailing of abortion pills using the Comstock Act.
Former President Donald Trump, the frontrunner for the Republican nomination, has smartly steered clear of taking a hard stance on this ancient law. Meanwhile, Congressional Republicans are accusing the FDA of ignoring the Comstock Act and using it as legal leverage in court. Trump aims to keep the abortion debate as politically neutral as possible, distancing himself from a nationwide ban.
As the abortion pill saga continues through the courts, conservative Justices Alito and Thomas have brought up the Comstock Act during oral arguments, though the Supreme Court recently brushed off a nationwide restriction request. Democrats are using conservative comments to allege that Trump will employ this law to sneakily limit abortion rights.
In the Biden administration’s corner, the Justice Department issued a statement in December 2022, interpreting the Comstock Act in the most lenient way imaginable. Senate Majority Leader Chuck Schumer has yet to commit to a position on the new bill. When nudged by NBC News, he vaguely hinted at more action on reproductive rights without committing to anything specific.
And so the stage is set for another election cycle, where Democrats will play the champions of women’s rights while Republicans focus on the real issues troubling the nation. The Comstock Act might be old, but it’s got a new lease on life thanks to the Democrats’ undying need for a political football.
