The Comstock Act, a 19th-century anti-vice law, is being resurrected by Trump allies in an effort to limit access to abortion nationwide. Named after Anthony Comstock, the law bans the mailing of any “obscene” or “indecent” material, including items intended for producing abortion. Despite being largely considered irrelevant due to Supreme Court decisions on free speech and reproductive rights, the law has never been repealed. With the recent changes in the Supreme Court, Trump supporters believe they can use the Comstock Act to target abortion providers and users.
Jonathan F. Mitchell, Texas’ former solicitor general and a key player behind Texas’ abortion bounty law, sees the Comstock Act as a powerful tool in the fight against abortion. He is part of a group of Trump supporters who believe they can use the law to restrict access to abortion pills, particularly after the Supreme Court’s decision in the Dobbs case. Mitchell and others are pushing for the Department of Justice to enforce the Comstock Act against providers and distributors of abortion medication.
The 2025 Presidential Transition Project, a coalition of right-wing think tanks, has outlined a plan in the “Mandate for Leadership” for a new Trump administration to target abortion medication. Gene Hamilton, an official with America First Legal and a former Trump Department of Justice official, is advocating for the enforcement of the Comstock Act against those involved in providing abortion pills. The plan also calls for a repeal of approval for medication abortion by a Trump administration’s F.D.A.
A revived Comstock Act could have severe consequences for those seeking abortion care. In addition to limiting access to abortion pills through the mail, it could also prevent doctors and pharmacies from dispensing them, as shipping carriers would be barred from transporting them. This would create barriers for women in states with abortion bans, limiting their options for obtaining medication abortion. The Justice Department would have grounds to crack down on networks that assist women in accessing abortion pills.
The push to revive the Comstock Act represents a dangerous escalation in the ongoing battle over reproductive rights in the United States. By using this outdated law to restrict access to abortion, Trump allies are seeking to erode the progress made in securing reproductive freedoms for women. The potential consequences of enforcing this law could have far-reaching impacts on women’s health and autonomy. It is crucial for reproductive rights advocates to push back against this attempt to turn back the clock on abortion access.
