On Monday, former President Donald Trump stated that he will not enforce the Comstock Act of 1873, specifically to restrict the sale of abortion medication through mail delivery.
During an interview with CBS News in Pennsylvania, Trump was asked if he would enforce the Comstock Act, which could potentially prohibit the sale or distribution of medication abortion through the mail. He responded, “No. We will be discussing specifics of it, but generally speaking, no, I would not.” He later reiterated, “I would not do that,” in reference to enforcing the 1873 law that banned mailing obscene matter and articles used for inducing abortions.
The U.S. Supreme Court recently ruled to preserve access to mifepristone, a drug commonly used for inducing abortions. Trump mentioned this ruling in his CBS interview, acknowledging that mifepristone is currently available as per the Supreme Court’s decision.
At least 22 states require abortion medication to be administered in person, either by prohibiting mail delivery or mandating medication to be taken in a doctor’s office. Laws enforcing these requirements have been temporarily blocked in Kentucky, Montana, and Ohio amidst legal disputes.
The Comstock Act has gained renewed attention as groups, including the ACLU, have alleged that pro-life organizations aim to reinstate the law to target the mailing of drugs like mifepristone. Senator Tina Smith introduced legislation to repeal the act, citing concerns about potential misuse.
Previous Abortion Comments
Earlier this year, Trump expressed his belief that states should have the authority to make decisions regarding abortion following the Supreme Court’s decision to overturn Roe v. Wade in June 2022. He emphasized that states may have differing policies on abortion, and these decisions should be determined by the will of the people.
Trump has maintained a position of not advocating for restrictions on birth control and contraceptives. In a video posted on Truth Social, he stated that he believes abortion laws should be determined by individual states through legislation or voting.
In April, Trump declined to endorse a national abortion ban, emphasizing the importance of leaving such decisions to the states. He highlighted the Supreme Court’s ruling on Roe v. Wade as providing leverage for negotiating terms that could satisfy both sides of the abortion debate and unite the country.
His stance on states having the authority to regulate abortion policies drew criticism from some pro-life groups, including Susan B. Anthony Pro-Life America. The organization expressed disappointment in Trump’s position, stating that the Supreme Court’s decision allows for both states and Congress to take action on abortion-related issues.
The Associated Press contributed to this report.
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