Democrats Begin Their Offensive Against the Comstock Act

After months of stalling, the fight is on to modify a 19th-century law that could end up banning abortion nationwide.

Tina Smith
Sen. Tina Smith said she plans to introduce legislation on the Comstock Act. Jose Luis Magana/AP

Democrats have settled on their game plan to repeal a 19th-century law that could be used to enforce a national abortion ban, NOTUS has learned.

Lawmakers had strategized for months over how to modify the Comstock Act, an 1873 federal statute that prohibits the shipment of “every article or thing designed, adapted or intended for producing abortion.” At the request of activists, Democrats refrained from publicly pushing a repeal bill forward while the Supreme Court evaluated a case on abortion medication.

But after the court issued a procedural ruling on Thursday that preserved nationwide access to the drugs, Democrats are now ready to act.