The 19th-century law made it a federal crime to mail, possess, give away, or sell “obscene materials”—including items used for abortion. Parts of the law relating to birth control were repealed in 1971, but Comstock was never repealed in its entirety. When abortion providers started prescribing pills to patients in states where abortion was banned thanks to “shield” laws, anti-abortion activists argued that this was a violation of the Comstock Act. Project 2025 also called for criminal prosecutions of abortion pill providers under Comstock, though the document only references the law by statute number, not by name.
In response, a December 2022 opinion from the Justice Department’s Office of Legal Counsel said it was not illegal for the U.S. Postal Service and other carriers like FedEx and UPS to deliver abortion medications to states that ban abortion, and that Comstock did not apply unless the sender intended pills to be used unlawfully. That interpretation has reassured abortion providers that they can prescribe pills across state lines without fear of federal prosecution...
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