Democrats in Congress, including U.S. Rep. Cori Bush, have introduced a repeal of the Comstock Act, an 1873 law that restricts the mailing of “obscene matter” and material that could be used for an abortion.
The Comstock Act hasn’t been enforced in decades, but abortion-rights advocates are concerned that Republicans will attempt to use the act to impose a national ban on abortion. The act is promoted by Project 2025, a 920-page plan by conservative groups for a potential conservative presidency starting next year. The project calls for the enforcement of the Comstock Act to prohibit the distribution of abortion pills.
Katie O’Connor, director of federal abortion policy at the National Women’s Law Center, said this is a realistic possibility.
“We’ve seen Project 2025 and a lot of Trump supporters pointing to the Comstock Act specifically as the next step in the anti-abortion movements,” O’Connor said.
Bush, D-St. Louis County, is a cosponsor of the Stop Comstock Act. She said the bill will protect abortion access if passed.
“The anti-abortion movement wants to weaponize the Comstock Act as a quick route to the national abortion ban,” Bush said. “We need to get Comstock off the books, and we need to do it today.”
She said passing the bill is especially crucial considering the upcoming presidential election.
“The Republicans have told us the plan,” she said. “We need to believe them, and we need to cut them off. If we don’t get these zombie statutes off the books, they can continue to harm us for generations.”
Dr. Colleen McNicholas, chief medical officer of Planned Parenthood Great Rivers, said reproductive rights may be at risk under future presidential administrations.
“We can’t just accept the fact that in this moment, this current administration is staying with precedent, is being consistent with how they’re interpreting the Comstock Act,” McNicholas said. “We really have to be proactive and expect that in the future, another administration might not give us that reassurance and protection.”
Advocates like McNicholas say they’re also worried that anti-abortion lawmakers might use the Comstock Act to prevent the mailing of other items, including medical equipment and contraceptives.
“This sort of the execution of abortion care is the same exact care that we provide for people, for example, who are having miscarriages or other pregnancy-related complications,” she said. “It’s really important that folks remember abortion fits into the spectrum of reproductive health care and pregnancy care in a way that it cannot be isolated to just limit the effects to that individual service line.”
The Stop Comstock Act would protect access to all abortion-related materials and contraceptives, Bush said.
