On June 20, Senate Democrats introduced a bill to repeal the outdated Comstock Act from the 1800s, which they believe could be used to restrict abortion and the abortion pill. The Comstock Act currently prohibits the mailing of certain items, including those used to induce abortion.
Sen. Catherine Cortez-Masto (D-Nev.), a co-sponsor of the repeal bill, highlighted that women lacked basic rights like voting and owning bank accounts when the Comstock Act was enacted. She expressed concerns that anti-choice Republicans might use this law to impose a national abortion ban without the consent of Congress or the American people.
Former President Trump has advocated for states to have the authority to make decisions regarding abortion. In the House, Rep. Becca Balint (D-Vt.) and her colleagues introduced a companion bill to repeal the Comstock Act, although its passage may face challenges in the Republican-controlled House.
Legal Status of Abortion Pill
The abortion pill has become a focal point in the debate on abortion access following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health. The FDA’s removal of the in-person dispensing requirement for the pill has made access easier, despite legal challenges.
In February, a group of 145 members of Congress filed an amicus brief alleging that the FDA’s authorization of mail-in chemical abortions violated the Comstock Act. The brief also referenced a letter urging the Attorney General to rescind a memo allowing such practices.
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