The Comstock Act Puts Women's Lives in Danger
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Comstock Act and Abortion Care
What is the Law?
The Comstock Act – an 1873 anti-vice law banning the mailing of obscene matter and articles used to produce abortion – could be used by a future presidential administration opposed to abortion rights to sharply restrict abortion nationwide. A literal interpretation of the Act could potentially also apply to materials used to produce all abortions, not just medication abortions; would not have exceptions; and could affect other medical care, such as miscarriage management. (KFF)
Why Do I Care?
Anti-abortion organizations have asked federal courts to interpret the Comstock Act as a ban on the mailing and distribution of mifepristone– one of two drugs in the medication abortion regimen. While former President Trump has not publicly endorsed the enforcement of the Comstock Act, enforcement of the law has been outlined as a strategy recommended by conservative and anti-abortion leadership and may emerge as a key issue in the 2024 presidential election.
Current Interpretation
Current federal interpretation allows the distributthe Comstock Act only applies when the sender intends for the material or drug to be used for an illegal abortion, and because there are legal uses of abortion drugs in every state including to save the life of the pregnant person, there is no way to determine the intent of the sender. This interpretation, however, is not binding on future administrations.
Right Wing Plan to Limit Abortion - Heritage Foundation
The Heritage Foundation, a conservative think tank, has released its vision for 2025, Mandate for Leadership, which “represents the work of more than 350 leading conservatives and outlines a vision of conservative success at each federal agency during the next administration.” This blueprint includes a “Campaign to Enforce the Criminal Prohibitions in 18 U.S.C. §§ 1461 and 1462 [The Comstock Act] Against Provider and Distributors of Abortion Pills that Use the Mail.”
Their interpretation would not only limit sending Mifepristone but also misoprostol – the other drug used in the medication abortion regimen – and materials used in procedural abortions, such as dilators and suction catheters, and even gloves and speculums. This broad interpretation could also affect the distribution of medications that jeopardize pregnancies, even when they have other uses, such as methotrexate. Methotrexate causes uterine contractions but is also used to treat rheumatoid arthritis.
Dystopia on the Horizon
An interpretation of the Comstock Act that bans the distribution of abortion medications and medical tools would also carry heavy implications for miscarriage management and other obstetric and gynecologic care, limiting clinicians’ ability to manage these conditions and thus pose additional threats to the health of pregnant people. Medical treatment for miscarriage management is often the same as abortion care, and the same kinds of materials that are used to provide abortion are also used to provide other obstetric and gynecologic care. A literal reading of the Comstock Act would criminalize the mailing of materials that can be used to provide abortion care without differentiating or accounting for whether these materials will be – or are intended to be – used to provide abortions. This means that if a medication, article, or material can be used to provide abortion care, mailing it will be illegal regardless of the intent of the sender or the recipient.
Extra Credit Action
You can see how right wing “conservatives” are moving to limit women’s rights, access to needed medications and putting lives at risk.
DON’T VOTE FOR ANY OF THEM - IN ANY ELECTION
ACTION
Let’s remind our elected representatives that women are not being afforded equal protection because laws are being stacked against them. We need them to pass the Women’s Health Protection Act and remove the Comstock Act from the books. Contact info for Members of Congress and Senators is in the Resources section below or use RESISTBOT to send this email to them by texting SIGN PURRBQ to 50409 on your cellphone.
“I am your constituent and I am shocked that a law from 1873, the Comstock Act could be interpreted to limit sending medical supplies and medication that might be used in miscarriage management or an abortion via mail. I want you to pass the Women’s Health Protection Act making abortion care legal nation wide and I want you to work HARD to overturn the Comstock Act that could be used to prevent abortion medications and supplies sent through the mail. We can’t trust the Supreme Court for interpretations that protect women. I need you to act on behalf of all the women in your constituency and in our Country NOW.
Resources
Healthcare Advocacy (Us)
Website
Our Newsletter resources including reproductive healthcare
Healthcare Advocacy Reading List
Find My Elected Officials
Contact the White House https://www.whitehouse.gov/contact/
Contact State and Federal Representatives
By phone: (202) 224-3121
By email: democracy.io
Important Healthcare Resources
League of Women Voters Healthcare Reform Toolkit
Organizations to Contact
National Nurses United Medicare4All
Physicians for a National Health Program
One Payer States
Healthcare Now
Reproductive Health
NARAL - Pro Choice America
Charley. chatbot abortion resource - make sure to use a secure incognito browser if you live in a state that has banned abortion
Planned Parenthood
Miscarriage and Abortion Hotline has references about where to procure abortion medications. They also assist women in the process of self managed abortion or miscarriage by phone or text and will respond in an hour. Details and hours of operation at their website.
United State of Women Reproductive health page (bottom of the page) has important resources such as medical support, access to Telehealth, prescriptions by mail, and legal support references.
Practice careful communications - The Digital Defense Fund has a number of tips to keep texts, calls, and internet use private. Here is their site.
If you need financial help with an abortion try abortionfunds.org
Claims Denials and Appeals & What to Do
Appeal a Healthcare Decision
Appeal/Negotiate a Hospital Bill
Disinformation Management
Cybersecurity Infrastructure Security Agency
Save Democracy
Chop Wood, Carry Water by Jessica Cravens
RESISTBOT
Link to the RESISTBOT site to learn more
Link to Chop Wood, Carry Water RESISTBOT write up
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Hi. I am new. Jess Cravens led me to you.
I have a small complaint. I read your posts on an iPad. I am finding it difficult to read the words in green. The words in green are important ones! I like the color green. It is refreshing. Would you please consider using a darker shade of green? Thanks for caring about Healthcare. It is such an important issue for so many reasons.
Thanks for spotlighting the Comstock Act. I have not yet delved into the Heritage Foundation's 920-page "Project 2025" mud pit. However, I feel sure it must be filled with contradictions. Here's a piece containing conservative pronouncements on healthcare -- statements that seem to align with universal healthcare -- including one from the Heritage Foundation: https://medium.com/@idember/want-universal-healthcare-ask-a-conservative-56712a028e74.