Democrats are quietly strategizing and preparing legislation to weaken the Comstock Act — a 19th-century law that anti-abortion activists believe former President Donald Trump could use to enforce a full national abortion ban should he return to the White House.
Lawmakers have previously said they would stay away from tweaking the Comstock Act while the Supreme Court evaluates a case that could reinstate restrictions on abortion pills, arguing that — on the advice of abortion rights advocates and attorneys — any legislation could potentially impact the outcome.
But the court will hear oral arguments in that case next week, and Democrats have turned their attention to managing potential fallout when that ruling comes down later this year. Sen. Tina Smith of Minnesota briefed her Democratic colleagues on Comstock during Wednesday’s caucus meeting, several senators told NOTUS. Smith said she “will be ready to introduce legislation as it’s needed once we see what happens with this court case.”