Comstock Act

In My Humble Opinion
1

In this (gift link) NY Times article, the writer talks about the Comstock Act, passed in 1875.

One of the provisions of that act:

prohibits sending through the mail “every article, instrument, substance, drug, medicine or thing” that could possibly lead to an abortion.

First of all, that would seem to ban all sorts of medical equipment, since non-medicinal abortions use the same medical tools as other procedures. But, I’m really interested in talking about how this law hasn’t already banned abortion nationwide – the vast majority of abortions use drugs, which seem to be clearly banned by this act. As far as I can tell, the law is still on the books.

The article talks about all the other ridiculous provisions of this stupid law (banning love letters that talk about sex) and is an interesting read.

Why hasn’t this law been enforced since the thirties? How come anti-abortion presidents haven’t used their justice departments to chase down violators who send abortion drugs through the mail?

2

It’s still on the books but has been diluted by court decisions. The conservative focus on it is in the hopes that our current Supreme Court will overturn precedent.

United States v One Package

3

Thanks! I wonder if no one is trying to enforce its anti-abortion provisions for fear that they will be struck down, although this court would be pretty friendly to the medicine provision.

4

I think it’s because the Comstock Act only applies to items sent through the US Postal Service and a similar law applies to common carriers. But when Pfizer ships misoprostol to CVS and CVS ships it to individual stores, it’s unlikely that a common carrier is being used - a “common carrier” is open to the public like Fed Ex or UPS, not a Pfizer or CVS truck.

It would however apply to a pharmacy mailing the pills to a customer - which is the problem right now.

5

Whatever you do, don’t snail-mail a coathanger.