"Zombie Law from the Victorian Era": DOJ Could Use 1873 Comstock Act to Ban Abortion Pills by Mail

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Reproductive rights activists are alarmed over a pledge by acting Attorney General Todd Blanche to institute nationwide abortion restrictions. Blanche, whose confirmation for attorney general is currently before the Senate, made the remarks in a private call with anti-abortion activists that was later posted online. According to the audio recording, Blanche said the Trump administration is pursuing policies "so that the Dobbs decision becomes permanent in every single state," referring to the 2022 Supreme Court ruling that ended the constitutional right to abortion and left the matter to individual states.

Amy Littlefield, The Nation's abortion access correspondent, says the administration is likely to focus on limiting abortion pills delivered by mail, perhaps by invoking the 1873 Comstock Act, which banned the mailing of "lewd" and "indecent" materials through the mail. Littlefield calls it a "zombie law from the Victorian era" that reflects the frustration of the anti-abortion movement's inability to reduce abortions despite victories at the Supreme Court.

"Abortion bans do not stop abortion. What they do is they kill and harm the people who need them," she says.

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