Introduction

The Comstock Act refers to a series of federal laws initially passed in 1873 and named after anti-vice crusader Anthony Comstock. Long considered a “zombie law”—meaning it was not enforced but remained on the books—the Comstock Act prohibits the use of the mail and common carriers (such as today’s UPS and FedEx) to transport all medications and obstetrical supplies used in abortion care. Doctors and providers face up to five years in prison for one violation of the law, and up to 10 years for each subsequent violation.

Antiquated law

This antiquated law should not be revived.

Anti-abortion extremists are trying to revive the Victorian-era law in an attempt to misuse it as a “backdoor” nationwide abortion ban—particularly targeting medication abortion, which now accounts for most abortions in the U.S.

Extremists outlined their detailed plan to use all facets of the federal government to destroy access to abortion in Project 2025, a report issued in 2023 by the Heritage Foundation with more than 100 extremist organizations. Although President Trump denied knowing anything about Project 2025, he has since appointed its co-author and several contributors to his administration. In addition, his administration has already rolled out many of the plan’s policy recommendations. 

The DOJ’s position on the Comstock Act

Department of Justice’s (DOJ’s) position on the Comstock Act

Drawing upon decades of court decisions, as well as congressional and United States Postal Service (USPS) action regarding the scope of the Comstock Act, in December 2022, the DOJ released a legal memo making clear that the Act does not prohibit mailing of medication abortion. Even following the Supreme Court’s 2022 ruling that eliminated the constitutional right to abortion, according to the DOJ memo, Comstock does not prohibit the mailing or delivery of abortion medications unless the sender intends that the drugs will be used unlawfully.

The law’s impact

The law’s impact

If the Trump administration were to enforce the Comstock Act, consequences would be far reaching, devastating access to abortion care and endangering the health and lives of women and other pregnant people, especially those in under-resourced communities.

• The mailing of anything used in abortion care could apply to a range of supplies: medication, forceps, lidocaine, aspirators, ultrasound machines, and other medical equipment—making such supplies difficult or even illegal to obtain for any type of obstetrical care, including miscarriages and dire pregnancy complications.
• Medication abortion accounts for more than 60% of all abortions in the U.S.—and banning it nationwide would leave millions without access to care.
• The U.S. has the highest rate of maternal deaths of any high-income nation. Restricting or banning abortion pills would exacerbate this maternal health crisis—especially since the medication is often essential to prevent life-threatening infections, such as sepsis, in people experiencing miscarriages and dangerous pregnancy complications.
• As state abortion bans have demonstrated, enforcing the Comstock Act would have a chilling effect on doctors and providers, who’d be reluctant to provide care to their patients—even those with severe pregnancy complications—in the face of imprisonment and other penalties.

Many states protect abortion rights

Many states protect abortion rights

 Almost half the U.S. states protect abortion rights. But the Comstock Act could effectively invalidate state laws, high court rulings, and even state constitutional amendments protecting abortion rights that were approved by millions of American voters. 

Congress’s role

Congress’s role

Enforcement of the 1873 law would bypass Congress and the federal legislative process—and allow Congressional members to escape accountability with their constituents.