US anti-abortionists’ latest strategy

[PerkingFaintly]

It’s to revive the Comstock Act.

Congress hasn’t made a federal law outright banning abortion; but it also hasn’t made a federal law restoring the protections of Roe v Wade. (Biden’s executive orders have shored up women’s access to abortion for now, but a president can’t make federal law. Congress is majority Republican so no chance there.)

So instead of trying for a new federal law, the anti-abortionists have dug up an existing one from 1873 that isn’t primarily about abortion.

The Comstock Act’s meaning has been clarified and narrowed many times since, but anti-abortionists are planning to dust it off and apply the broadest possible meanings – and make it impossible in practical terms for abortion providers to do any work.

If they can get a sympathetic president in the White House (currently pinning their hopes on Trump), they may well be able to do this without Congress.

https://www.bbc.co.uk/news/world-us-canada-68580015

Trump has actually been bragging about how he killed Roe v. Wade, and what a marvellous achievement this was because it was thought so unlikely to be overturned, and how wonderful he is for pro-lifers

So he’s basically advertising that he’ll do as asked.

(OK, he’s not great at keeping promises, but this one costs him nothing and he’s demonstrated his willingness to act in this area.)

The House of Representatives is majority Republican. The Senate is majority Democrat. The law has to pass both houses. It isn't going anywhere.

The Comstock Act has already passed both houses – in 1873. That's the point.

According to the article, Comstock has been dormant since the 1970s: Roe v Wade effectively made abortions legal for 50 years; then although Roe v Wade is the result of Trump's Supreme Court appointments, the decision didn't come through until after he had left office. The Biden-Harris administration isn't trying to ban abortion, so of course hasn't attempted to use Comstock. Anti-abortionists have been having a crack at applying Comstock at the state level, but so far the extent of that is limited.

However under a president catering to the anti-abortion lobby, the Department of Justice, could choose to start going after people for violating Comstock. This would be nationwide, and could effectively ban abortion in the US.

By preventing any of the medications or tools necessary for the procedure from reaching hospitals and clinics, Comstock would act as an effective block on abortions, getting around the need for Congress to pass any new legislation.
www.bbc.co.uk/news/world-us-canada-68580015

Bump.

(I know there's MN interest on this subject, but this board isn't always well-travelled.)