Blogger’s Brief: Halting Mail-Order Abortion Pills and the Comstock Act

Earlier this week, the 5th Circuit Court of Appeals sided with Louisiana in its lawsuit against the FDA, calling for the abortion pill Mifepristone to no longer be shipped by mail. This is an important win that could save many lives over time. However, some clinics are now mailing misoprostol to act as an abortifacient as the FDA’s recent regulations apply to mifepristone, not misoprostol.

However, the pro-life movement has a powerful legal tool on our side: the Comstock Act, passed in 1873, which makes it illegal to send "obscene, lewd or lascivious" materials, including abortion-related materials, through the U.S. mail.

By enforcing the Comstock Act passed in 1873, the Trump Administration would prevent the widespread mailing of misoprostol and require it to be dispensed only at pharmacies and health clinics. This means women who need it for miscarriage care or other health reasons could still get it, but it would not be sent directly to homes, where it could be used for abortions.

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