The Stop Comstock Act would repeal an 1873 law that could be misused to limit abortion access in New Mexico
WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.) co-sponsored the Stop Comstock Act, legislation to repeal the Comstock Act, an arcane 1873 law that anti-choice extremists have threatened to invoke as a backdoor means to dramatically limit abortion access nationwide without a single act of Congress.
The Comstock Act is a centerpiece of Project 2025, the blueprint that Donald Trump and his Administration are following to effectively end access to medication abortion nationwide. If misused, the Comstock Act could enable the federal government to label any medicines or tools used for reproductive rights as "obscene" and make it illegal to ship or transport them. This law could apply to the banning of mifepristone – a drug commonly used in medication abortions. Anti-choice extremists have also suggested using the Comstock Act to block reproductive health doctors from accessing medicine and medical equipment.
Donald Trump has installed an anti-abortion extremist as head of the Food and Drug Administration (FDA) who has declined to acknowledge the well-established science supporting mifepristone’s safety and efficacy, signaling that access to medication abortion will continue to face threats under this Administration.
The Comstock Act has been cited by Supreme Court Justices Samuel Alito and Clarence Thomas during oral arguments of a case that threatened access to mifepristone.
“As we’ve seen in state legislatures across the country, Roe v. Wade was just the beginning of Republicans’ relentless attacks on women's freedom to choose. Now, Trump and Republicans in Congress are pushing a nationwide abortion ban by any means necessary — including using arcane laws to ban the mailing of mifepristone. We can’t let this happen,” said Heinrich. “I’m co-sponsoring legislation that will ensure women can continue to access reproductive health care and medication abortion. This is what New Mexico values look like: honoring and respecting a woman’s right to make her own decisions about her body, her family, and her future.”
The Stop Comstock Act is led by U.S. Senator Tina Smith (D-Minn.). Alongside Heinrich, the legislation is co-sponsored by U.S. Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), John Fetterman (D-Pa.), Kirsten Gillibrand (D-N.Y.), Mazie Hirono (D-Hawaii), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Jeff Merkley (D-Ore.), Chris Murphey (D-Conn.), Alex Padilla (D-Calif.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Brian Schatz (D-Hawaii), Adam Schiff (D-Calif.), Jeanne Shaheen (D-N.H.), Mark Warner (D-Va.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), John Hickenlooper (D-Colo.), Andy Kim (D-N.J.), and Michael Bennet (D-Colo.).
The legislation has been endorsed by the Planned Parenthood Federation of America, the American Civil Liberties Union, the Center for Reproductive Rights, National Women’s Law Center, Reproductive Freedom for All (formerly NARAL Pro-Choice America), Take Back the Court Action Fund, Healthcare Across Borders, Expanding Medication Abortion Access (EMAA).
A summary of the bill is here.
The text of the bill is here.
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