Comstock Act's Legacy: Impact on Abortion Rights Today

In 1873, the Comstock Act was established, spearheaded by anti-sex activist Anthony Comstock, aiming to prohibit the mailing of obscene materials, contraceptives, and abortion-related products. Over time, however, its provisions faced significant scrutiny and change. The obscene publications part of the Act became largely unenforced, the ban on contraceptives was eventually repealed, and the abortion restrictions were deemed unconstitutional by the Supreme Court in 1973 through the landmark Roe v. Wade decision. However, with the recent overturning of Roe v. Wade, discussions about the Comstock Act resurfaced. Some political allies of former President Donald Trump, including running mate JD Vance, contend that the Comstock Act still applies. They assert that it mandates the President to prevent the mailing of abortion drugs to patients, asserting that this interpretation could effectively create an abortion ban, putting immense constraints on abortion providers by prohibiting the shipment of essential medical supplies. This interpretation posits a significant shift in how the law might be enforced today, suggesting that the President holds substantial authority over reproductive health services via historical legislation.