On Thursday, the Supreme Court heard arguments in a case that could restore restrictions on the abortion drug mifepristone, returning abortion rights to justices for the first time since Roe v. Wade was overturned by the court in 2022. .
During arguments, conservative Justices Clarence Thomas and Samuel Alito repeatedly invoked the Comstock Act.
What is the Comstock Act?
The Comstock Acts were a series of federal laws passed by Congress in 1873. This law made it illegal to send by mail any “obscene, indecent, or indecent,” “immoral,” or “obscene” material, including drugs that induce abortion or contraception.
The law is named after Anthony Comstock, an anti-vice activist who championed Christian values. He opposed abortion, obscene literature, contraception, masturbation, gambling, and prostitution, among other things. the Free Speech Center writes.
After the bill was passed by Congress, Comstock became a special agent for the U.S. Postal Service, tasked with enforcing the law and arresting people who disobeyed it.
The law’s scope has been repeatedly narrowed by federal courts and Congress, including through birth control provisions in the 1970s. The government has not enforced the law since the 1930s, the Associated Press reported.
The law lay dormant for years until Roe v. Wade, the federal right to abortion, was struck down by the Supreme Court in 2022.
What will happen today?
In 2021, the Food and Drug Administration (FDA) relaxed requirements regarding mifepristone. Until then, there was no way to get an abortion by mail.
Ever since Dobbs v. Jackson Women’s Health Organization struck down Roe and returned power to the states, anti-abortion groups have relied on the Comstock Act to curtail reproductive health care by mail.
According to the Associated Press, Comstock’s name has also been cited by Republican state officials seeking to enact strict new abortion laws and block national pharmacy chains from shipping abortion pills to states. The Associated Press reported.
On Thursday, the Supreme Court heard a case asking whether federal regulators overstepped their authority by relaxing mifepristone regulations and making it easier to obtain.
During the argument, Alito questioned why the FDA did not challenge the law in its decision to expand mifepristone by mail.
“This is a remarkable provision. It’s not an obscure part of a complex and ambiguous law. Everyone in this field knew about it,” he said.
Alito, along with Thomas, questioned all three lawyers in court about Comstock. Some abortion rights groups have expressed concern that Thomas and Alito’s Opinion focused on Comstock could pose future legal challenges for Republican administrations.
A ruling in the case is expected later this summer and could have a major impact on the 2024 presidential election. Since Roe stalled in the summer of 2022, Democrats have used abortion as a tool to turn voters against Republicans.
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