Washingtonian women may feel secure that our state will protect their reproductive freedoms.
However, the Comstock Act of 1873 is still on the books and prohibits sending through the mail “every article, instrument, substance, drug, medicine or thing” that could be used in performing an abortion. In other words, on direction by President Donald Trump in 2025, the Department of Justice could decide that it is illegal to mail mifepristone, a Food and Drug Administration-approved drug that is safe and effective to medical providers and pharmacies. Surgical instruments used in abortions could also be impacted. Abortions across the country and in Washington would effectively be impossible to access.
The Comstock Act could limit the availability of certain contraceptives.
If an anti-reproductive choice president decided to direct the Justice Department to enforce the Comstock Act, at least two Supreme Court justices would welcome this challenge.
The Comstock Act can be repealed by Congress and it’s vital to elect abortion-rights legislators who will vote for this repeal. Reelection of Joe Biden will also assure that this act will not be enforced during the next four years. Your vote matters.
