Trump’s Allies Say They’ll Enforce the Comstock Act. Believe Them.

Advertisement

Supported by

Michelle Goldberg

By Michelle Goldberg

Opinion Columnist

Until the Supreme Court overturned Roe v. Wade in 2022, it was hard for feminists to get Americans to take the threat of losing the constitutional right to abortion seriously. Describing Hillary Clinton’s inability, in 2016, to shake pro-choice voters out of their complacency, The New York Times’s Lisa Lerer and Elizabeth Dias wrote, “Internal campaign polling and focus groups showed that the issue did not resonate strongly with key groups of voters, because they did not believe Roe was truly at risk.”

It is similarly difficult to get Americans to appreciate the threat that the 19th-century Comstock Act could be resurrected. Named colloquially for the fanatical postal inspector Anthony Comstock, the 1873 act — which is actually a set of anti-vice laws — bans the mailing of “obscene, lewd, lascivious, indecent, filthy or vile” material, including devices and substances used “for producing abortion, or for any indecent or immoral purpose.” Though never repealed, it was, until recently, considered a dead letter, made moot by Supreme Court decisions on free speech, birth control and abortion.

But with Roe overturned, some in Donald Trump’s orbit see a chance to reanimate Comstock, using it to ban medication abortion — and maybe surgical abortion as well — without passing new federal legislation.

The 920-page blueprint for a second Trump administration created by Project 2025, a coalition of conservative organizations, calls for enforcing Comstock’s criminal........

© The New York Times