What: Scientific American’s Meghan Bartels has a good deep dive on exactly how the 1873 law known as “Comstock” could be used to ban abortion nationwide, without a vote in Congress. And if Donald Trump wins, his likely officials have already said via Project 2025 that they want to do that.
Why it matters: “Now antiabortion activists argue that, without the protection of Roe v. Wade, the text of the Comstock Act ought to be taken literally and that, even today, mailing abortion medications is illegal, with no exceptions, including when a pregnant person’s life is in danger. …Right now, the only thing blocking the law is the executive branch: the Food and Drug Administration has stood by its 2021 decision to make mifepristone available by mail, and the Department of Justice has concluded that because every state allows legitimate medical uses of the drugs, including for abortion, senders can’t know that abortion pills will be used illegally. But neither measure is binding: if Trump wins November’s presidential election, his Department of Justice could enforce a new, strict interpretation of the Comstock Act.”
Source: Scientific American