Harsh Anti-abortion Laws Are Not Empty Threats

The anti-abortion movement is—no surprise—committed to stopping this flow of patients and abortion pills across state lines. One strategy that has recently emerged is an effort to revive and reinterpret the Comstock Act, a 19th-century anti-vice law that the movement claims makes sending or receiving any abortion drug or device in the mail a federal crime. Other approaches are proliferating. In Alabama, the attorney general has vowed to use existing state conspiracy law to prosecute residents for helping others seek abortions out of state. And in Texas, several counties passed an ordinance allowing anyone to sue a person driving on local highways who is bringing a patient to get an abortion, whether illegally in Texas or legally elsewhere.

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