Those Republican attorneys are relying on the Comstock Act of 1873 which ruled doctors "supplying written materials explaining pregnancy and how to prevent it" was immoral, illegal and subject to arrest. In other words, contraception and not abortion. In subsequent cases the provisions of the Comstock Act have constantly been overturned. Not sure why these AGs are wasting their time, but hey, it's red meat.
Wow, that is a blast from the (multiply-struck-down) past.
The Comstock Act, an 1873 law that bans abortion-related materials from being sent through the mail, could be used by the GOP to restrict abortion nationwide.
Democrats are seeking to overhaul an 1873 federal law that bans abortion-related materials from being sent through the mail, worried that a future Trump administration could invoke the Comstock Act to crack down on abortion access or effectively ban the procedure altogether.
“There is a very clear, well-organized plan afoot by the MAGA Republicans to use Comstock as a tool to ban medication abortion, and potentially all abortions,” said Sen. Tina Smith (D-Minn.), who on Thursday plans to introduce legislation to repeal the Comstock Act’s abortion provisions. “My job is to take that tool away.”
Supreme Court Justices Samuel A. Alito Jr. and Clarence Thomas
drew further attention to Comstock this year, stressing the importance of the law during oral arguments in a challenge to mifepristone, a key abortion drug.
“It’s not some obscure subsection of a complicated obscure law,” Alito said in oral arguments in March, referring to Comstock as a “prominent provision.”
Asked about the Comstock Act in an
April interview by Time magazine, Trump said it was a “very important issue” and promised to issue a “big statement” within the next two weeks.
Trump has yet to issue that statement on Comstock, and his campaign declined to comment about where he stands on the law.