Anti-Abortion Republicans Want Comstock Laws to be their Secret Weapon in 2024

In this op-ed, Rachael Klarman and Will Dobbs-Allsopp of Governing for Impact explain the threat posed to abortion rights by a little-known 19th century law, the Comstock Act.

BY RACHAEL KLARMAN AND WILL DOBBS-ALLSOPP
FEBRUARY 7, 2024

The 2024 presidential election is officially underway, yet the race’s gravest stake has received alarmingly little attention: Prominent conservatives have a plan for the next anti-choice president to ban abortion nationwide without an act of Congress—and it may well succeed.

Their secret weapon is the long-dormant Comstock Act, a 19th century law still on the books, which states that to ship, carry, or receive “any drug, medicine, article or thing designed, adapted, or intended for producing abortion” would be a federal crime. If your eyes are blinking in disbelief, we felt similarly when we first read the statute — though organizers and writers have been trying to draw attention to the threat for the past several months. Given the riotous state of American abortion politics, how can nationwide restrictions potentially already exist in federal law, yet receive so little mainstream attention?

Continued: https://www.teenvogue.com/story/comstock-abortion-secret-weapon-oped

USA – ‘Plain historical falsehoods’: How amicus briefs bolstered Supreme Court conservatives

A POLITICO review indicates most conservative briefs in high-profile cases have links to a small cadre of activists aligned with Leonard Leo.

By HEIDI PRZYBYLA
Dec 3, 2023

Princeton Professor Robert P. George, a leader of the conservative legal movement and confidant of the judicial activist and Donald Trump ally Leonard Leo, made the case for overturning Roe v. Wade in an amicus brief a year before the Supreme Court issued its watershed ruling.

Roe, George claimed, had been decided based on “plain historical falsehoods.” For instance, for centuries dating to English common law, he asserted, abortion has been considered a crime or “a kind of inchoate felony for felony-murder purposes.”

Continued: https://www.politico.com/news/2023/12/03/supreme-court-amicus-briefs-leonard-leo-00127497

03.12.2023

Alliance Defending Freedom

Allison Orr Larsen

American Historical Association

amicus briefs

Amy Coney Barrett

anti-choice cruelty

anti-choice deception

anti-choice hatred

anti-choice lies

anti-choice misinformation

anti-choice misogyny

Becket Fund for Religious Liberty

Center for Reproductive Rights

Concord Fund

Dobbs v. Jackson Women's Health Organization

DonorsTrust

Ethics and Public Policy Center

Judicial Crisis Network

Judicial Education Project

Organization of American Historians

USA – Judge James Ho’s Connections to the Anti-Abortion Movement

An extreme right-wing judge and former clerk for Clarence Thomas, James Ho has close ties to anti-abortion and dark money groups.

10/5/2023
by ANSEV DEMIRHAN and EVAN VORPAHL

In August, three judges on the U.S. Court of Appeals for the Fifth Circuit (which covers Texas, Louisiana and Mississippi) ruled that mifepristone—the most widely used abortifacient, and more commonly known as the abortion pill—could no longer be provided by mail. They imposed a new requirement that the medicine only be administered in the presence of a physician. They also limited the use of this drug to the first seven weeks of pregnancy, even though it is safe to use at least throughout the first 10 weeks.

The ruling did overturn a lower federal court edict from Judge Matthew Kacsmaryk—a Trump-appointed judge who failed to disclose to the U.S. Senate and the American people his recent anti-abortion writings—to revoke the FDA’s 23-year old approval of mifepristone as a safe drug for Americans seeking abortions.

Continued: https://msmagazine.com/2023/10/05/judge-james-ho-abortion/

USA – The Right’s War on Abortion Was Never About Legal Doctrine

The justices in the Dobbs majority promised to return abortion “to the people’s elected representatives.” For conservative activists, this was just the beginning.

BY PETER SHAMSHIRI
MAY 30, 2023

When the Supreme Court overturned Roe v. Wade last year in Dobbs v. Jackson Women’s Health Organization, the Court’s conservatives tried to couch the decision in moderated, legalistic terms.

In his majority opinion, Justice Samuel Alito wrote that the Court was simply returning the power to regulate abortion “to the people’s elected representatives.” Justice Brett Kavanaugh filed a platitude-ridden concurrence stating that “on the issue of abortion, the Constitution is neither pro-life nor pro-choice. The Constitution is neutral.” Both justices were making the same point. They were claiming that the decision did not speak to the propriety of abortion, but instead was a judgment only about the scope of the Constitution.

Continued: https://ballsandstrikes.org/law-politics/dobbs-opinion-never-about-legal-doctrine/

30.05.2023

Commentary

14th Amendment

Brett Kavanaugh

Dobbs v. Jackson Women's Health Organization

USA – THE FIRST “WRONGFUL DEATH” CASE FOR HELPING A FRIEND GET AN ABORTION

The lawsuit’s long game — beyond instilling fear — is establishing fetal personhood, the holy grail of the anti-abortion movement.

Mary Tuma
April 26 2023

“YOUR HELP MEANS the world to me,” a grateful Brittni Silva texted her best friends, Jackie Noyola and Amy Carpenter, last July. “I’m so lucky to have y’all. Really.”

A month after the U.S. Supreme Court overturned Roe v. Wade, the Houston mother of two experienced an unplanned pregnancy with her now ex-husband and allegedly sought abortion care with the help of her friends. For nearly a year, Texas had imposed a six-week abortion ban, and a full “trigger” ban would be enacted in just a few weeks. Silva needed to act fast and extricate herself from what appeared to be an emotionally unhealthy relationship with a husband she would go on to divorce in February. Her friends offered their unwavering support.

Continued: https://theintercept.com/2023/04/26/abortion-wrongful-death-texas-lawsuit/

The Supreme Court’s new abortion pill decision, explained

The justices hand down the first decision in the mifepristone litigation saga that is not completely unhinged.

By Ian Millhiser

Apr 21, 2023

The Supreme Court handed down a brief order on Friday in Danco Laboratories v. Alliance for Hippocratic Medicine, a lawsuit asking the federal judiciary to effectively ban mifepristone, a drug used in more than half of all abortions in the United States.

The most immediate impact of the Court’s new order is that the justices voted to stay lower court decisions that would have cut off access to mifepristone, at least for the time being. That means that mifepristone remains available, and that patients who live in states where abortion is legal may still obtain the drug in the same way they would have obtained it if this lawsuit had never been filed.

Continued: https://www.vox.com/politics/2023/4/21/23686788/supreme-court-abortion-pill-ruling-mifepristone-fda-alliance-hippocratic-medicine

USA – The next abortion fight could be over wastewater regulation

Abortion opponents plan to use environmental laws to curb access to pills used to terminate an early pregnancy

By ALICE MIRANDA OLLSTEIN
11/23/2022

Abortion opponents and their allies in elected office are seizing on an unusual strategy after suffering a wave of election defeats — using environmental laws to try to block the distribution of abortion pills.

The new approach comes as the pills mifepristone and misoprostol, which people can take at home during the first 10 weeks of pregnancy, have become the most common method of abortion in the U.S. and virtually the only option for millions of people in states with laws that have forced clinics to close since the fall of Roe v. Wade.

Continued: https://www.politico.com/news/2022/11/23/abortion-pills-opponents-environmental-laws-00070603

When Fetal Rights Are More Important Than Democracy

After Roe, the anti-abortion movement faces a new opponent: popular opinion.

By Mary Ziegler
OCTOBER 3, 2022

The anti-abortion movement has
long loved to profess its love for democracy. Clarke Forsythe of Americans
United for Life consistently called on the Supreme Court to reverse Roe v. Wade
and put questions about abortion “back into voters’ hands—where they belong.”
The National Catholic Register proclaimed the day Roe was overturned “a
wonderful day for democracy.”

But now democracy may not look so hot to
anti-abortion activists: In the months since Roe was overturned, voters in
Kansas, a deeply conservative state, decisively rejected a proposal to undo
state constitutional abortion rights, and many expect the result to be the same
when voters confront ballot initiatives in key states such as Michigan. Fueled
by rage about the reversal of abortion rights, Democrats have nearly eliminated
Republicans’ advantage in voter registration and have turned what appeared to
be a landslide loss in the 2022 midterms into a potential nail-biter.

Continued: https://www.theatlantic.com/ideas/archive/2022/10/anti-abortion-movement-roe-v-wade-democracy/671583/

Revealed: Ginni Thomas’s links to anti-abortion groups who lobbied to overturn Roe

Analysis of ‘amicus briefs’ shows how closely Clarence Thomas’s wife was entwined with rightwing effort to reverse 1973 ruling

Ed Pilkington in New York
Fri 9 Sep 2022

Ginni Thomas, the self-styled “culture warrior” and extreme rightwing activist, has links to more than half of the anti-abortion groups and individuals who lobbied her husband Clarence Thomas and his fellow US supreme court justices ahead of their historic decision to eradicate a woman’s right to terminate a pregnancy.

A new analysis of the written legal arguments, or “amicus briefs”, used to lobby the justices as they deliberated over abortion underlines the extent to which Clarence Thomas’s wife was intertwined with this vast pressure campaign.

Continued: https://www.theguardian.com/us-news/2022/sep/09/ginni-thomas-abortion-roe-v-wade-supreme-court

The plan to overturn abortion rights in Europe

The activists taking inspiration — and money — from US anti-abortion groups

BY CARLO MARTUSCELLI
June 28, 2022

When news broke that the U.S. Supreme Court had overturned decades of precedent and opened the door to abortion bans across the country, the reaction from opponents of the procedure in Europe was simple: We can do it too.

With support for legal abortion in Europe polling at the highest in the world, its opponents know they are rowing against the tide. But activists on the Continent got a practical demonstration of how a determined minority can make the impossible happen last weekend, when the U.S. Supreme Court confirmed a POLITICO scoop that it was repealing the landmark Roe v. Wade ruling. The decision made, or will soon make, abortion illegal across 16 states.

https://www.politico.eu/article/roe-vs-wade-us-the-european-activists-taking-inspiration-and-money-from-us-anti-abortion-groups/