Repealing the Comstock Act — the Victorian-era anti-vice law that anti-abortion lobbyists aim to use to ban abortion nationwide, even in states where abortion rights are protected — has just turned from an urgent question to an absolute necessity. And it’s all thanks to the Supreme Court. Oral arguments at the court Tuesday morning suggested the court was likely to side with the White House in its appeal of lower court rulings restricting access to the abortion medication mifepristone.
Policywise, it’s a concrete means of preserving access to medication abortion, the most common form of abortion in the U.S. post-Roe. A successful repeal would be more than “taking steps” to protect abortion access; it would mean actually protecting abortion access. Even a failed attempt to repeal the law would position Democrats — who have sometimes been too reluctant to get out front on abortion rights — as righteous advocates for reproductive freedom.
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