Carter Sherman

Now, when Roe was in effect, this was really not something that people worried about because Roe v. Wade was the law of the land.

Abortion was legal.

We don't need to think about whether or not there's this obscure law from the 19th century that bans the mailing of abortion-related materials.

And then Roe was overturned.

And so now anti-abortion activists have taken a look at this law and said, wait, this is still on the books.

Is this still a good law?

We think this is still a good law.

We think that this zombie law should be enforced.

And I just want to say, if the Comstock law was enforced, it would not just be banning the mailing of mifepristone or abortion pills.

It could be used to ban all abortion in the United States.

Because even abortion clinics rely on the mail, right?

They receive things that they need to do their job through the mail.

That's how they can get ultrasound machine equipment.

That's how they can get vacuum aspirators.

That's how they can get gloves.

So the Comstock Act, if it came back to life, could effectively result in a de facto nationwide abortion ban.

No, this is a great question because I have to be honest, when the Trump administration came back into power, I was prepared to be writing stories about the Comstock Act being in effect and what that would mean for the American people.

When Roe was first overturned, Joe Biden was obviously in office.

He was the president and his Department of Justice put out some guidance that basically said we are not going to be enforcing the Comstock Act except in some very narrow circumstances.

The Trump administration could overturn that guidance.