Source: United States House of Representatives – Congresswoman Mary Gay Scanlon(PA-5)
Washington, D.C – Congresswoman Mary Gay Scanlon (PA-05) today joined Reps. Becca Balint (VT-AL) and Bonnie Watson Coleman (NJ-12) in introducing the Stop Comstock Act in response to clear Republican intent to misuse the antiquated and unconstitutional statute, the Comstock Act, to prohibit the mailing of medication abortion and other materials used in abortion procedures. The bill would repeal the portions of the Comstock Act that anti-choice extremists intend to misuse to enact a nationwide abortion ban. Senator Tina Smith (D-Minn) introduced the Senate companion bill. The House bill is cosponsored by 110 other House Democrats and 23 Senate Democrats.
President Trump has bragged about his leadership in the overturning of Roe vs. Wade, even praising the “genius” of the Supreme Court following the decision. So far in his second term, Trump’s Justice Department has withdrawn from an important lawsuit against the State of Idaho to ensure that women in that state could obtain abortion care during a medical emergency.
Today, a Louisiana woman charged with a felony for obtaining safe and effective medication abortion across state lines, pleaded not guilty. President Trump’s words and actions have empowered states to come after women who obtain FDA approved drugs from other states, a dangerous development in the fight for access for women no matter their zip code.
“With the growing influence of Project 2025 in Trump’s Washington, DC, and the Supreme Court decision overturning Roe v. Wade, we have seen an explosion in lawsuits, legislation, and administrative advocacy designed to ban abortion nationwide,” said Rep. Scanlon. “Among other measures, this movement seeks to willfully misapply and weaponize the Comstock Act, a relic of the Victorian era. I’m proud to join my colleagues in the House and Senate in introducing the Stop Comstock Act as part of our ongoing work to protect Americans’ rights and freedom to choose medically safe reproductive health care, including medical abortion care.”
“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.”
“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.
“Actions by the Supreme Court and state legislatures as well as the extreme rhetoric of Donald Trump and the GOP Congress have left the door open to future bans on medication abortion, even in states where reproductive healthcare is protected. It’s on Congress to shut that door,” said Rep. Watson Coleman. “Medication abortion is safe and effective. Repealing portions of the Comstock Act of 1873 will help keep these safe and widely used medications available across the country. I’m so proud to co-lead this bill with Rep. Balint, the culmination of decades of work dating back to the efforts of the late Senator Lautenberg of New Jersey. It’s high time the GOP majority abandoned their obsession with stripping away people’s freedom to make their own medical decisions. I strongly encourage Congress to take up and pass this bill.”
The Comstock laws are a set of 1800s laws to ban the mailing or shipping of every obscene, lewd, lascivious, indecent, article, matter, thing or device, with the goal of restricting abortion, contraceptives, sex toys, and even love letters. Federal appellate courts have consistently held that the law does not apply to lawful abortion care. Nonetheless, Republican strategists have been clear that they intend to misuse these antiquated and unconstitutional statutes to criminalize providers and impose a nationwide abortion ban.
The Stop Comstock Act would repeal provisions of the Comstock laws in the U.S. Code that anti-abortion extremists want to willfully misapply in order to ban abortion nationwide without any congressional action.
The bill is endorsed by the American Civil Liberties Union, Planned Parenthood Federation of America, National Women’s Law Center Action Fund, Reproductive Freedom for All, Indivisible, Catholics for Choice, Take Back the Court Action Fund, National Council of Jewish Women, Healthcare Across Borders and UltraViolet Action have endorsed the Stop Comstock Act.
“Abortion opponents have made clear that they’ll stop at nothing to ban abortion nationwide. They want to control people’s bodies, lives, and futures, and they’re willing to misuse the Comstock Act to try to ban abortion entirely, even though most Americans support reproductive freedom. Abortion opponents want to misapply the law even though the courts, Congress, and the Department of Justice have repeatedly rejected their extreme arguments. Planned Parenthood Action Fund will continue to raise the alarm about efforts to ban abortion and restrict sexual and reproductive health care,” said Alexis McGill Johnson, president and CEO, Planned Parenthood Action Fund.
“The Comstock Act has long been considered obsolete. It’s a harmful, misogynist, Victorian-era relic with no place in today’s world. But anti-abortion extremists are now trying to weaponize the Act to criminalize abortion and enforce offensive, antiquated notions of morality and gender roles. This effort goes against a century of judicial and Congressional interpretation and the will of the majority of people in this nation who support access to abortion care. We applaud Senator Smith and the bill’s other cosponsors for reintroducing legislation that refuses to enforce offensive, antiquated notions of morality and gender roles,” said Katie O’Connor, Senior Director of Federal Abortion Policy at the National Women’s Law Center Action Fund.
“The FFRF Action Fund is grateful to Sen. Tina Smith and Rep. Becca Balint, a proud member of the Congressional Freethought Caucus, for reintroducing the Stop Comstock Act. The Comstock Act is a dangerous, antiquated law that anti-abortion extremists are eager to weaponize as a key tool of Project 2025 to impose a religious agenda on all Americans. We must repeal this archaic statute to protect reproductive freedom — including access to contraception — and uphold our nation’s secular principles,” said Annie Laurie Gaylor, FFRF Action Fund president.
“The radical right-wing effort to weaponize the Comstock Act and further restrict access to abortion and birth control medication must be stopped. As long as Congress keeps Comstock on the books, right-wing extremists will have a powerful tool to control our lives. We urge the House of Representatives to vote to repeal this archaic law before it can be used to undermine our access to health care,” said Nicole Regalado, Vice President of Campaigns for UltraViolet Action.
“Right wing extremists have been fighting for decades to ban abortion nationwide. Now they have the power to carry out their agenda–without a single vote in Congress–by weaponizing the antiquated Comstock Act, which would be used to prohibit the distribution of contraception, medication abortion, medical instruments, and more,” said Jodi L. Jacobson, Founder and Executive Director of Healthcare Across Borders. “Project 2025 made clear their plans to use Comstock not only to ban abortion, but to criminalize other forms of essential care, including contraception, IVF, gender-affirming care, and HIV and AIDS prevention and treatment. Congresswoman Becca Balint, the original author of the House bill to repeal the Comstock Act, is now reintroducing that bill for this Congress. It is absolutely critical to repeal Comstock to protect reproductive rights and public health writ large. We call on every Democratic House member to cosponsor this bill.”
Find a summary of the bill here.
Find the bill text here.
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