In the political landscape of 2024, reproductive rights have become a contentious issue with Democrats and Republicans holding opposing views. The Comstock Act, an 1873 federal law that bans abortion-related materials from being sent through the mail, has emerged as a point of contention due to concerns that it could be used by certain political factions to restrict or even ban abortions altogether.
Democrats, led by Sen. Tina Smith (D-Minn.), have expressed alarm over the potential misuse of the Comstock Act and are seeking to repeal its abortion provisions. They argue that a future administration, particularly one affiliated with the MAGA Republicans or Trump, could invoke this law to crack down on abortion access.
The Comstock Act was enacted in 1873 and includes provisions limiting access to abortion and contraception drugs sent by mail. While some argue that it applies only when the person who mails these items intends for the recipient to use them unlawfully, others fear that it could be used more broadly.
The debate over the Comstock Act comes as reproductive rights are set to play a significant role in the upcoming presidential election. Some Democrats, including Sens. Elizabeth Warren (D-Mass.), Catherine Cortez Masto (D-Nev.), and Rep. Becca Balint (D-Vt.), have signed on to legislation aimed at repealing these provisions.
Anti-abortion groups and their Republican allies, however, are not taking this lying down. They have employed various strategies to counter proposed ballot initiatives aimed at protecting reproductive rights or preventing voters from having a say in the fall elections.
In South Dakota, anti-abortion groups are attempting to invalidate a proposed abortion rights ballot measure by encouraging endorsers to withdraw signatures. The South Dakota secretary of state labeled as a 'scam' hundreds of phone calls from an anti-abortion group accused of impersonating government officials.
In Missouri, Republicans and anti-abortion groups have opposed efforts to restore abortion rights through a constitutional amendment at every step in the process. Republican Attorney General Andrew Bailey stonewalled the abortion-rights campaign for months last year, causing significant delays in signature collection.
These strategies build on ones tested last year in Ohio, where voters eventually passed a constitutional amendment affirming reproductive rights. The stakes are high as both sides prepare for the 2024 elections.