A group of 14 Democratic senators introduced a bill Thursday to repeal a 151-year-old law that could be used to ban abortions nationwide.
The Stop Comstock Act would repeal the wording in the 1873 Comstock laws that could prevent the mailing of medication abortion drugs like mifepristone as well as instruments used to perform abortions.
The set of laws from the 1800s were enacted to ban the mailing of items considered indecent, lewd or obscene.
Calling the Comstock Act a “zombie law,” Sen. Tina Smith, D-Minn., said “extremist Republicans and Trump judges have seized upon the idea of misusing Comstock to bypass Congress and strip women nationwide of their reproductive freedoms.”
She warned that “a future Republican administration could try to misapply this 150-year-old Comstock law to deny American women their rights, even in states where abortion rights are protected by state law.”
Supreme Court Justices Samuel Alito and Clarence Thomas both referenced the law in oral arguments for a recent case challenging access to the abortion pill mifepristone. The court unanimously rejected that challenge last week.
The Planned Parenthood Federation of America and the American Civil Liberties Union support the legislation. Reps. Balint, D-Vt., and Cori Bush, D-Mo., have introduced companion legislation in the House.