US (Washington Insider Magazine)—Anti-abortion activists, including allies of former President Donald Trump, are reviving the Comstock Act—a 150-year-old law—as a tool to push for a nationwide abortion ban. This strategy bypasses Congress, relying on an old statute to effectively block abortion access without new legislation.
The Comstock Act, passed in 1873, criminalized the mailing of materials related to birth control and abortion. While its enforcement faded over time, particularly after the 1973 Roe v. Wade decision, it has gained traction among conservative circles in the wake of Roe’s overturning in 2022.
This revived strategy hinges on the belief that enforcing the Comstock Act could prevent abortion-related materials, such as medications and instruments, from being mailed to clinics. Experts say this approach could effectively block abortions by targeting supply chains.
Key figures in the anti-abortion movement, like Marjorie Dannenfelser of Susan B. Anthony Pro-Life America, see the Comstock Act as a potential route to a federal abortion ban. If Trump were re-elected, activists believe his administration could prioritize enforcing this law, avoiding the need for congressional approval.
Though the law could face major legal challenges, experts believe its revival under a Trump administration is feasible. The political fallout, however, could be significant. Public support for abortion rights remains strong, and imposing such a ban could lead to backlash across the nation.
The Comstock Act strategy could be pivotal in shaping the future of abortion access in the U.S., especially if Trump’s conservative allies succeed in pushing this agenda forward.
