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Comstock Act

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politics1 year ago

Democrats Push to Repeal 1873 Comstock Act Amid Abortion Ban Fears

Senator Tina Smith of Minnesota has introduced legislation to repeal the 1873 Comstock Act, which Democrats fear Republicans might use to ban medication abortion. This move is part of a broader Democratic strategy to protect abortion rights following the Dobbs v Jackson decision that overturned Roe v Wade. Although the legislation is unlikely to pass due to the current political landscape, it aims to highlight the potential threats to reproductive rights and outline the actions Democrats would take if they gain more control in government.

via The Independent|
#abortion-rights#comstock-act#democrats
politics1 year ago

Democrats Push to Repeal 1873 Law Amid Abortion Ban Fears

Senate Democrats are pushing to repeal the 150-year-old Comstock Act, fearing it could be used to restrict access to abortion pills. The law, which bans sending lewd or abortion-related materials through the mail, could be exploited by a future Republican administration to limit abortion access nationwide. While some Democrats and reproductive rights advocates support the repeal, others are cautious, fearing it could legitimize the outdated law. The Biden administration and the Justice Department have stated that the Comstock Act does not apply to mailing abortion drugs where there is no intent for unlawful use.

via NBC News|
#abortion#comstock-act#legislation
politics1 year ago

Democrats Push to Repeal 1873 Comstock Act to Prevent National Abortion Ban

Democrats, led by Senator Tina Smith, have introduced legislation to repeal the 1873 Comstock Act, fearing it could be used by anti-abortion activists to enforce a federal abortion ban. The act, which originally banned mailing abortion-related materials, has gained renewed attention after the Supreme Court overturned Roe v. Wade. Despite the Biden administration's guidance and Smith's efforts, the bill faces significant challenges in the Senate.

via The Guardian|
#abortion#comstock-act#democrats
law-and-politics1 year ago

"Supreme Court's Interest in 19th Century Comstock Act Raises Fears of National Abortion Ban"

The Supreme Court heard arguments in a case that could reinstate restrictions on the abortion pill mifepristone, with conservative justices invoking the Comstock Act, a 1873 law that made it illegal to send obscene materials through mail, including drugs that induce abortions and contraception. The law's scope has been narrowed over the years, but it has resurfaced in attempts to restrict mailed reproductive drugs. The case questions whether federal regulators overstepped their authority by loosening mifepristone restrictions, and a decision is expected later this summer, potentially impacting the 2024 presidential election.

via The Hill|
#abortion-pill#comstock-act#fda
law-and-politics1 year ago

"Supreme Court Abortion Case Revives 19th Century Chastity Law and Alito's Influence"

Conservative justices' references to the 19th century Comstock Act during Supreme Court arguments on a major abortion pill case have brought new attention to the law, which prohibits mailing drugs used for abortions. The law is shaping up to be a flashpoint in the legal battle over abortion and a potential election-year issue. Anti-abortion advocates are calling for the enforcement of the Comstock Act to ban mailing abortion medication, while abortion rights supporters argue that opponents are overreading the law. The Supreme Court's ruling in the current FDA case could have significant implications for the enforcement and interpretation of the Comstock Act, potentially impacting access to medication abortion nationwide.

via CNN|
#abortion#anti-abortion-movement#comstock-act
politicslaw1 year ago

"Supreme Court's Review of Mifepristone Case Raises Concerns for Abortion Access"

During oral arguments, Supreme Court justices Alito and Thomas repeatedly referenced the 1873 Comstock Act in relation to the abortion drug mifepristone, raising concerns about potential threats to abortion access. Legal experts anticipate the court will rule to preserve the FDA's authority, but fear the justices may write a separate opinion focused on the Comstock Act, providing legal cover for a future administration to invoke it. Antiabortion activists have sought to use the law to block mailing of abortion-related drugs, while the Biden administration staunchly opposes such efforts.

via The Washington Post|
#abortion-access#comstock-act#conservative-justices
politics1 year ago

"Supreme Court Case on Abortion Pill Could Shape Future of Reproductive Rights"

The Supreme Court is considering a case that could restrict access to the abortion drug mifepristone, potentially paving the way for a national abortion ban. Anti-abortion groups argue that the FDA violated the 1873 Comstock Act by allowing mail-order chemical abortions, while abortion rights advocates fear that such a ruling could effectively shut down all abortions. The case could significantly impact abortion rights and access across the United States, with implications for millions of women seeking to end pregnancies in states where abortion is legal.

via USA TODAY|
#abortion#comstock-act#fda
politics1 year ago

"Trump Signals Support for 16-Week Abortion Ban to Allies"

Allies of former President Donald Trump are devising sweeping and legally sophisticated plans to restrict abortion rights if he returns to power, including using the long-dormant Comstock Act from 1873 to criminalize the shipping of materials used in abortions. Some of these proposals aim to go beyond a national ban or laws enacted in conservative states, and anti-abortion strategists have been purposefully quiet about their plans due to the political liability the issue has become for Republicans.

via The New York Times|
#abortion#abortion-restrictions#anti-abortion-activists
legalabortion2 years ago

"New Mexico Supreme Court Examines 1873 Law's Role in Abortion Ban"

The New Mexico Supreme Court is set to hear arguments regarding local ordinances passed in four areas of the state that claim an 1873 law, the Comstock Act, bans the mailing of abortion-related materials. Anti-abortion activists believe that this law could be used to ban abortion nationwide. While the New Mexico attorney general argues that the ordinances violate state law, anti-abortion activists hope to use the Comstock Act to challenge state-level abortion laws and potentially ban abortion across the US. Legal experts believe it is unlikely that this case will revive the Comstock Act, as the New Mexico Supreme Court is predominantly Democratic and none of the localities have abortion clinics. However, the case highlights the ongoing battle over abortion rights and the fear it creates among residents seeking necessary healthcare.

via The Guardian US|
#abortion#anti-abortion-activists#comstock-act
law2 years ago

The Comstock Act's Role in the Abortion Debate.

The Comstock Act of 1873, a federal law that prohibits the mailing of "obscene, lewd, or lascivious" materials, is being invoked by anti-abortion activists to block the mailing of abortion medication. The law had a huge impact in the late 19th and early 20th centuries, but its relevance faded over time. However, with the overturning of Roe v. Wade, opponents of abortion rights are using the Comstock Act as a legal basis to challenge the mailing of abortion pills, which could have sweeping implications for abortion access across the country. The case may eventually be decided by the Supreme Court.

via The New York Times|
#abortion-pills#anti-abortion-activists#comstock-act
politics2 years ago

Chastity Law Sparks Abortion Debate.

The 150-year-old Comstock Act, which banned the mailing of contraceptives, lewd materials, and drugs that induce abortions, could be used to effectively ban abortion nationwide, even in states where the procedure is legal. Anti-abortion activists are challenging the means of abortion, such as the drug mifepristone, in court, and the most sweeping Comstock Act arguments could end the availability of medication abortion and could have the effect of eliminating surgical abortions as well. The Comstock Act has played a role in the ongoing lawsuit over the FDA's regulation of abortion pills, and the Biden administration has adopted a legal posture that takes a narrow view of the law's applicability.

via CNN|
#abortion#anti-abortion-activists#biden-administration
law2 years ago

Controversial Ruling on Abortion Pill Sparks Backlash Against FDA and Big Pharma.

A federal judge in Texas used the Comstock Act, a century-and-a-half-old law that prohibited the mailing of contraceptives, "lewd" writings, and any "instrument, substance, drug, medicine or thing" that could be used in an abortion, to order a halt to mifepristone access. The FDA's decades-old approval of the pill widely used in medical abortions was overturned by the judge's decision.

via WDSU New Orleans|
#abortion-pill#comstock-act#fda
law2 years ago

Texas Judge's Ruling on Abortion Pill Undermines FDA and Big Pharma

A federal judge in Texas used the Comstock Act, a century-and-a-half-old law that prohibited the mailing of contraceptives, "lewd" writings, and any "instrument, substance, drug, medicine or thing" that could be used in an abortion, to order a halt to mifepristone access. The FDA's decades-old approval of the pill widely used in medical abortions was overturned by the judge's decision.

via WESH 2 Orlando|
#abortion-pill#comstock-act#fda
law2 years ago

Abortion Pill Decision Sparks Legal and Political Controversy.

A federal judge in Texas used the Comstock Act, a century-and-a-half-old law that prohibited the mailing of contraceptives, "lewd" writings, and any "instrument, substance, drug, medicine or thing" that could be used in an abortion, to order a halt to mifepristone access. The FDA's decades-old approval of the pill widely used in medical abortions was overturned by the judge's decision.

via WMTW Portland|
#abortion-pill#comstock-act#fda
politics2 years ago

"Abortion Pill Battle: Judge's Ruling Sparks Controversy and Criticism"

Anti-abortion groups are using the Comstock Act, a 19th century law, in court battles over access to medication abortion. The law made it illegal to mail "obscene, lewd, lascivious" materials and "every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use." A recent ruling by a Texas judge laid down a precedent for using the Comstock Act to cut off shipments of abortion drugs nationwide. If the Supreme Court sides with the anti-abortion groups, it could make it illegal to mail any abortion drug, even in states where abortion access is protected.

via Axios|
#abortion#comstock-act#fda