WASHINGTON, D.C. — Today, U.S. Senator Tina Smith (D-Minn.) reintroduced her landmark legislation to repeal an arcane 1873 law, the Comstock Act, that anti-choice extremists have repeatedly invoked as a backdoor means to effectively ban abortion nationwide without a single act of Congress. The Comstock Act is a centerpiece of Project 2025, the blueprint that Donald Trump and his Administration are following, and if misused, this ancient law would effectively end access to medication abortion nationwide without a single act of Congress.
Donald Trump has installed an anti-abortion extremist as head of the Food and Drug Administration (FDA) who declined to acknowledge the settled science proving mifepristone’s safety and efficacy, signaling that access to medication abortion will continue to face threats under this Administration.
“We just witnessed a barrage of Trump nominees who evaded giving a straight answer on abortion pill access every time they were pressed during hearings. We’re seeing states pursuing criminal charges against doctors who prescribe medication abortion to women suffering under total abortion bans. We know that this fight is not over, that they are methodically moving through the plans laid out in Project 2025, and we need to be ready with every tool available when the Trump Administration inevitably turns its focus to the Comstock Act and tries to misuse a law passed 50 years before women had the right to vote to ban abortion nationwide. With Donald Trump in the White House, the threat to women’s reproductive health and freedom is more urgent than ever.” said Senator Smith.
“Right wing strategists have been foaming at the mouth for years to abuse antiquated laws to take women back to the 1800s,” said Rep. Balint. “And now they have a president in the White House who has never stood for women’s rights. We must act to take away their tools to bypass Congress and enact a national abortion ban. It’s backwards, it’s dangerous and puts women and doctors at even further risk. I’m proud to stand alongside Senator Smith to introduce the Stop Comstock Act, which would take this outdated and unconstitutional law off the books.”
The Comstock laws are a set of 1800s laws meant to ban the mailing or shipping of every obscene, lewd, indecent, article, matter, thing or device, with the goal of restricting abortion, contraceptives, and even love letters.
The Stop Comstock Act would repeal language in the Comstock Laws that could be used by an anti-abortion administration to ban the mailing of mifepristone and other drugs used in medication abortions, instruments and equipment used in abortions, and educational material related to sexual health. Medication abortion is how nearly 60% of abortions take place in this country today. It is the most common form of abortion in the United States.
Rep. Becca Balint (VT-AL) introduced companion legislation in the House with co-leads Congresswoman Scanlon (PA-05) and Congresswoman Watson Coleman (NJ-12). In the Senate, the legislation is cosponsored by Senators Elizabeth Warren (D-MA), Tammy Baldwin (D-WI), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Angus King (I-ME), Catherine Cortez-Masto (D-NV), Adam Schiff (D-CA), Jacky Rosen (D-NV), Sheldon Whitehouse (D-RI), Tim Kaine (D-VA), Chris Murphy (D-CT), Jeanne Shaheen (D-NH), Jeff Merkley (D-OR), Amy Klobuchar (D-MN), Tammy Duckworth (D-IL), Mazie Hirono (D-HI), John Fetterman (D-PA), Cory Booker (D-NJ), Peter Welch (D-VT), Alex Padilla (D-CA), Richard Blumenthal (D-CT), Mark Warner (D-VA), John Hickenlooper (D-CO) and Brian Schatz (D-HI).
The legislation been endorsed by the Planned Parenthood Federation of America, the American Civil Liberties Union, the Center for Reproductive Rights, National Women’s Law Center, Reproductive Freedom for All (formerly NARAL Pro-Choice America), Take Back the Court Action Fund, Healthcare Across Borders, Expanding Medication Abortion Access (EMAA).
You can access a summary of the bill here. A full list of quotes from endorsing organizations is here.
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