In a brand new letter, KFF explores how the Comstock Act, an 1873 anti-vice regulation that bans the cargo of obscene gadgets and articles, might be utilized by an anti-abortion presidential administration to sharply prohibit the provision of abortion throughout the nation. to restrict.

The Biden administration's Justice Division has mentioned the Comstock Act shouldn’t be interpreted actually concerning abortion and has not enforced it. Nonetheless, a future administration that opposes abortion rights might interpret the regulation in another way, probably criminalizing the distribution of abortion medication and different supplies used to offer abortion care nationwide — together with in states the place abortion is presently authorized and guarded is.

Though the presumptive Republican nominee, Donald Trump, has not publicly spoken concerning the Comstock Act, main anti-abortion and conservative organizations that help Trump's candidacy have pushed for its enforcement. Moreover, two of the justices within the latest Supreme Courtroom oral arguments concerning the FDA's regulation of mifepristone expressed help for upholding the 150-year-old anti-obscenity regulation.

Some members of Congress who help abortion rights are pushing to repeal the Comstock Act, however discussions are of their early levels and repeal is unlikely in a intently divided Congress. Abortion has grow to be a significant subject within the 2024 election, and the Comstock Act might be a part of the controversy.

Learn the letter for extra data and context on these points.