The Supreme Court will hear arguments for FDA v Alliance for Hippocratic Medicine on March 26

What’s at stake in the Supreme Court mifepristone case Legal scholars like Ziegler also note that there’s an even bigger way that this case could affect everyone in the country. “You have, lurking in the background, the possibility that the Comstock Act is going to be reinvented as an abortion ban,” she says. Read more … Read more

The Pro-life Movement’s Not-So-Secret Plan for Trump

The question people should be asking is whether Trump will give free rein to the anti-abortion advisers in his orbit, Mary Ziegler, a law professor at the UC Davis School of Law, told me. The big thing those advisers are pushing for is the reinterpretation and enforcement of the Comstock Act. As I wrote in … Read more

The Right Is Cracking Down on Abortion and IVF. Is ‘Recreational Sex’ Next?

The plans are already beginning to take shape. As previously reported by Rolling Stone, Republicans have floated enforcing the Comstock Act, a zombie law from the 19th century, to criminalize the inter-state shipping of abortion medication. The outdated law also includes broad prohibitions on the mailing of materials considered “obscene, lewd, lascivious, indecent, filthy, or … Read more

A Plan to Outlaw Abortion Everywhere

The hopes of some activists go further. Their ultimate aim in reviving the Comstock Act is to use it to shut down every abortion facility “in all 50 states,” Mark Lee Dickson, a Texas pastor and anti-abortion advocate, told me. Taken literally, Comstock could be applied to prevent the transport of all supplies related to … Read more

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 … Read more

The Once-Dead Law At The Center Of The Next Abortion Battle, And The Anxiety That Drove It

At the heart of all these prosecutions, whether targeting men or women, was the same impulse that led to the criminalization of abortion and the passage of the Comstock Act: the desire to control and limit women’s lives in order to protect the traditional family structure and ensure the preservation of both individual family social … Read more