An 1873 law banned the mailing of boxing photos. Could it block abortion pills, too?

BY: JENNIFER SHUTT
APRIL 5, 2024 

WASHINGTON — An anti-obscenity law enacted in 1873 that hasn’t been enforced in decades shot to the forefront of the nation’s abortion debate in the past week thanks to two U.S. Supreme Court justices, amid expectations a future Republican president would use the law to order a nationwide ban on medication abortion.

The Comstock Act, which prohibited the mailing of anatomy textbooks and boxing photographs as well as contraceptives, drew fresh attention after Justices Samuel Alito and Clarence Thomas during March 26 oral arguments seemed to suggest the law would block the mailing of mifepristone.

Continued: https://missouriindependent.com/2024/04/05/an-1873-law-banned-the-mailing-of-boxing-photos-could-it-block-abortion-pills-too/


USA – The Current Attack on Abortion Pills Will Fail. The Next One Will Be So Much Worse.

BY DAHLIA LITHWICK AND MARK JOSEPH STERN
MARCH 26, 2024

There are always a couple of tells when the most conservative Supreme Court in more than a century finds itself adjudicating a truly mortifying and meritless case. One is that it’s coming up by way of the U.S. Court of Appeals for the 5th Circuit, a court that so consistently shovels its worst constitutional garbage upward that the high court conservatives are often forced to reluctantly lob it back. Another tell is when the facts of the case are so laugh-out-loud insane that even conservative justices can’t bring themselves to adopt them or the underpinning legal reasoning with a straight face. There’s yet a third tell: when the conservative justices start injecting a bunch of nonsense and randomized pet peeves into oral argument to distract from how embarrassing it would be to discuss the merits of the actual case.

Continued: https://slate.com/news-and-politics/2024/03/mifepristone-supreme-court-alito-national-abortion-ban.html


The Terrifying Global Reach of the American Anti-Abortion Movement

Conservatives have not limited their attack on reproductive rights to the United States. They’ve been busy imposing their will on other countries, too—with disastrous consequences for millions of poor women.

Jodi Enda
March 18, 2024

Because Editar Ochieng knew the three young men, she didn’t think twice when they beckoned her into a house in an isolated area near the Nairobi River. One was like a brother; the other two were her neighbors in the sprawling Kenyan slum of Kibera.

Ochieng did not know the woman who performed her abortion. She and a friend scoured Nairobi until they found her, an untrained practitioner who worked in the secrecy of her home and charged a fraction of what a medical professional would. Mostly, what Ochieng remembers is the agony when this stranger inserted something into her vagina and “pierced” her womb. “It was really very painful. Really, really, really painful,” she told me. Afterward, Ochieng said, she cut up her mattress to use in place of sanitary pads, which she could not afford. She was 16 years old.

Continued: https://newrepublic.com/article/179485/american-anti-abortion-movement-terrifying-global-reach


USA – Why the rift between anti-abortion activists and Republican lawmakers is growing

Alabama supreme court’s decision causing a temporary halt in IVF care shines spotlight on problem between two groups

Ava Sasani
Sun 17 Mar 2024

There is a growing rift in the decades-old marriage between anti-abortion activists and Republican lawmakers.

The problem came into view last month, after a bombshell decision from the Alabama supreme court temporarily halted in vitro fertilization (IVF). The ruling, which described frozen embryos as “extrauterine children”, unraveled when the Republican-controlled legislature passed short-term protections for IVF providers.

Continued; https://www.theguardian.com/us-news/2024/mar/17/anti-abortion-activists-republican-lawmakers-ivf-alabama


The Zombie Law Trump Wants to Use to Ban Abortion Nationwide

Members of the former president’s inner circle are worried that he’ll blab about their plan to gut what remains of our reproductive freedoms.

Melissa Gira Grant
February 20, 2024

Donald Trump’s lawyer really, really hopes that Donald Trump doesn’t blow up their plan to ban abortion nationally by talking about it publicly before the election—at least according to the aforementioned Trump lawyer, speaking to The New York Times. Why Jonathan Mitchell, the conservative attorney from Texas, would boast in a national newspaper about a plan that he also supposedly hopes doesn’t become a campaign issue is unclear. Why he is using an open media channel to muse about what his client may or may not know is equally strange and confusing. But the headline here seems to be “Donald Trump backs a national abortion ban,” though possibly for reasons of which he’s yet to be apprised.

Continued: https://newrepublic.com/article/179137/trump-comstock-national-abortion-ban


The Supreme Court Ruling the Right Is Using to Eradicate Transgender People

The high court’s infamous abortion decision is now being wielded against gender-affirming care—in the first of many attacks on our rights to come.

Zane McNeill, New Republic
February 14, 2024

When the U.S. Supreme Court overturned Roe v. Wade with its now infamous ruling in Dobbs v. Jackson Women’s Health Organization, the adverse disruptions to both the legal landscape of abortion and the quality of life of both abortion-seekers and pregnant patients across the country were nearly immediate. But the dystopia of the Dobbs holding isn’t limited to reproductive freedoms—it has also endangered other constitutional privacy matters that determine the right to purchase and use contraception, the right of same-sex intimacy and marriage, and the right to marry across racial lines. However, what’s become clear is that the far right intends to test the judicial system for future breaches by first targeting transgender people’s access to gender-affirming care.

Continued: https://newrepublic.com/article/178681/dobbs-ruling-war-trans-community


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


The anti-abortion plan ready for Trump on Day One

The stakes of the election go far beyond whether a GOP president signs a bill banning the procedure.

By ALICE MIRANDA OLLSTEIN
01/29/2024

Anti-abortion groups have not yet persuaded Donald Trump to commit to signing a national ban if he returns to the White House.

But, far from being deterred, those groups are designing a far-reaching anti-abortion agenda for the former president to implement as soon as he is in office. In emerging plans that involve everything from the EPA to the Federal Trade Commission to the Postal Service, nearly 100 anti-abortion and conservative groups are mapping out ways the next president can use the sprawling federal bureaucracy to curb abortion access.

Continued: https://www.politico.com/news/2024/01/29/trump-abortion-ban-2024-campaign-00138417


The Next Republican President Has a Plan to Ban Abortion Nationwide Without Congress

BY MARY ZIEGLER
NOV 17, 2023

When voters directly consider the abortion issue, it’s bad news for Republicans, who have lost ballot measure after ballot measure upholding reproductive rights since Roe v. Wade was struck down last year. And to hear GOP primary candidates tell it, the next president won’t be willing or able to do much about abortion, a transparent effort to sidestep a losing issue. Donald Trump, the obvious front-runner, has occasionally indulged in magical thinking, suggesting that he can conjure up a national ban that Americans on either side of the issue will love. More realistically, though, he has attempted to neutralize the issue by doing things like calling a six-week ban on abortion “terrible,” while at the same time, in a wink and a nod to evangelical voters, running ads bragging about choosing the justices who overturned Roe. Former South Carolina Gov. Nikki Haley, another GOP hopeful, has stressed that a national ban is impossible: Congress will never pass one in the near future, and abortion opponents needlessly alienate swing voters by discussing one. The message from these candidates is clear: A Republican president won’t do much on abortion.

Continued: https://slate.com/news-and-politics/2023/11/biden-vs-trump-2024-nationwide-abortion-ban.html


A new abortion study is a stunning indictment of Dobbs’ consequences

Criminalization is ineffective because it fails to address the reasons one would consider abortion in the first place.

Oct. 26, 2023
By Mary Ziegler

A study released this week confirmed a surprising fact: The national abortion rate has risen slightly in the year since the Supreme Court overturned Roe v. Wade. The study, released by WeCount, a project of the Society of Family Planning, relied on data from more than 80% of the nation’s providers, along with historical trends and state data. The report matches earlier findings released last month by the Guttmacher Institute, which likewise found abortions had remained steady or even increased since Dobbs v. Jackson Women's Health.

With abortion rates not decreasing, opponents will pursue increasingly complex and constitutionally dubious ways to shut down access in and travel to progressive states. The outcome of this ratcheting up of penalties will be just as predictable. While criminalization makes pregnancy far more dangerous, it is ineffective because it fails to address the reasons one would consider abortion in the first place.

Continued: https://www.msnbc.com/opinion/msnbc-opinion/abortion-rates-study-dobbs-roe-republicans-rcna122324