(The Guardian) Democratic senator announces plan to repeal 19th century law that could stop abortion nationwide
Democratic senator Tina Smith announced she is leading an effort to repeal the Comstock Act, a federal anti-obscenity law passed in 1873 that abortion rights supporters fear could be used to ban the procedure nationwide.
While the Biden administration considers the act irrelevant, it remains in force and includes language that could criminalize the mailing of abortion medication such as mifepristone, or drugs used in surgical abortion. The concern is that a future president who opposes abortion, like Donald Trump, could decide to enforce the statute to criminalize abortion even in states that allowed the procedure to continue after Roe v Wade was overturned.
“Legislation to repeal Comstock could take many forms, and we need to do it the right way. That’s why I’ve begun reaching out to my colleagues in the House of Representatives and the Senate to build support and see what legislation to repeal the Comstock Act might look like,” wrote Smith, who represents Minnesota, in the New York Times.
“Anti-abortion extremists will continue to exploit any avenue they can find to get the national ban they champion, and I want to make sure my bill shuts down every one of those avenues. Once the Supreme Court has had its say (and many legal analysts speculate that the mifepristone case heard last week should be thrown out on procedural grounds, and may well be), I’ll be ready to have mine.”
Democratic senator Tina Smith announced she is leading an effort to repeal the Comstock Act, a federal anti-obscenity law passed in 1873 that abortion rights supporters fear could be used to ban the procedure nationwide.
While the Biden administration considers the act irrelevant, it remains in force and includes language that could criminalize the mailing of abortion medication such as mifepristone, or drugs used in surgical abortion. The concern is that a future president who opposes abortion, like Donald Trump, could decide to enforce the statute to criminalize abortion even in states that allowed the procedure to continue after Roe v Wade was overturned.
“Legislation to repeal Comstock could take many forms, and we need to do it the right way. That’s why I’ve begun reaching out to my colleagues in the House of Representatives and the Senate to build support and see what legislation to repeal the Comstock Act might look like,” wrote Smith, who represents Minnesota, in the New York Times.
“Anti-abortion extremists will continue to exploit any avenue they can find to get the national ban they champion, and I want to make sure my bill shuts down every one of those avenues. Once the Supreme Court has had its say (and many legal analysts speculate that the mifepristone case heard last week should be thrown out on procedural grounds, and may well be), I’ll be ready to have mine.”
