An obscure 1800s law is shaping up to be the center of the next abortion battle | Opinion

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While abortion remains legal in certain states, we believe it’s possible that a court could interpret the Comstock Act to prevent the distribution of any tool used for an abortion, anywhere in the U.S.

mailing mifepristone if the sender doesn’t know the recipient intends to use those pills “illegally” for abortions – for example, the recipient might be using them to treat a miscarriage.As anti-abortion rights groups try to reinvigorate the Comstock Act, the question is what the law covers, exactly. Several legal cases are addressing this point in different contexts.

That decision was then appealed to the Supreme Court, which temporarily upheld the availability of mifepristone andThe appellate court will hear oral arguments on May 17 and should issue a more definitive interpretation.The Comstock Act is also at the center of other kinds of litigation and legal campaigns focused on whether people can get abortions.

 

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