To Protect Reproductive Freedom, Congress Must Repeal the Comstock Act
QUICK READ: It is long past time to dismantle the zombie Comstock Act before it can be used by a future Trump administration to effectively ban abortion nationwide—even in states that contain protections in their state constitutions. Bringing the Stop Comstock Act up for a vote will remind Americans about the fragility of reproductive freedom and the importance of the upcoming election.
CONTENTS:
BACKGROUND
Yesterday marked the 2nd anniversary of our loss of reproductive freedom when Roe v. Wade was overturned by the Supreme Court’s MAGA supermajority.
Not content merely to allow states to decide whether to deny their citizens control over their own bodies, energized MAGA Republicans resurrected the 1873 Comstock Act, which banned the mailing of items considered “obscene, lewd, lascivious, indecent, filthy or vile,” including those used for abortions, in the hope that it would outlaw all abortions without further legislative action, since every abortion, whether surgical or medical, requires a mail delivery of some sort.
In April, an ultra-conservative Texas judge ruled that the Comstock Act prohibited sending mifepristone, the commonly used abortion pill, through the mail. SCOTUS dismissed the case on narrow technical grounds, but Justices Thomas and Alito approvingly cited Comstock in their opinions.
And, if Trump’s reelected, he could impose a national abortion ban simply by enforcing Comstock—even where reproductive freedom’s protected in state constitutions.
By large majorities Americans support reproductive freedom but few understand its fragility. While the recently introduced Stop Comstock Act may not become law this session, its discussion inside and outside Congress will highlight the imminent threat Trump and MAGA Republicans pose to all Americans wherever we live.
ACTION One: Call the Senate.
Script for Oregon Senators
SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753
My name is [--] and I'm a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (S.701), forcing opponents to state their positions on the floor of Congress;
- Urge President Biden to pardon those convicted under the Victorian-era Act, including newspaper editor D.M Bennett, to underscore his support for reproductive freedom;
- Pass legislation protecting doctors from prosecution for protecting women’s health;
- Remind constituents of the fragility of reproductive freedom and the importance of the upcoming election.
- SEN. WYDEN:
Portland office: 503-326-7525 | D.C. office: 202-224-5244
My name is [–] and I’m a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (S.701), forcing opponents to state their positions on the floor of Congress;
- Urge President Biden to pardon those convicted under the Victorian-era Act, including newspaper editor D.M Bennett, to underscore his support for reproductive freedom;
- Pass legislation protecting doctors from prosecution for protecting women’s health;
- Remind constituents of the fragility of reproductive freedom and the importance of the upcoming election.
Script for Republican Senators
D.C switchboard: 202-224-3121
My name is [–] and I’m a constituent from [city], [state], [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (S.701), forcing opponents to state their positions on the floor of Congress;
- Pass legislation protecting doctors from prosecution for protecting women’s health.
ACTION TWO: Call the House.
Script for Suzanne Bonamici (OR-01)
Oregon office: 503-469-6010 | DC office: 202-225-0855
My name is [–] and I’m a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (HR.12), forcing opponents to state their positions on the floor of Congress;
- Urge President Biden to pardon those convicted under the Victorian-era Act, including newspaper editor D.M Bennett, to underscore his support for reproductive freedom;
- Pass legislation protecting doctors from prosecution for protecting women’s health;
- Remind constituents of the fragility of reproductive freedom and the importance of the upcoming election.
Script for Cliff Bentz (OR-02)
Medford office: 541-776-4646 | DC office: 202-225-6730
My name is [–] and I’m a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (HR.12), forcing opponents to state their positions on the floor of Congress;
- Pass legislation protecting doctors from prosecution for protecting women’s health.
Script for Earl Blumenauer (OR-03)
Oregon office: 503-231-2300 | DC office: 202-225-4811
My name is [–] and I’m a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (HR.12), forcing opponents to state their positions on the floor of Congress;
- Urge President Biden to pardon those convicted under the Victorian-era Act, including newspaper editor D.M Bennett, to underscore his support for reproductive freedom;
- Pass legislation protecting doctors from prosecution for protecting women’s health;
- Remind constituents of the fragility of reproductive freedom and the importance of the upcoming election.
Script for Val Hoyle (OR-04)
Eugene office: 541-465-6732 | DC office: 202-225-6416
My name is [–] and I’m a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (HR.12), forcing opponents to state their positions on the floor of Congress;
- Urge President Biden to pardon those convicted under the Victorian-era Act, including newspaper editor D.M Bennett, to underscore his support for reproductive freedom;
- Pass legislation protecting doctors from prosecution for protecting women’s health;
- Remind constituents of the fragility of reproductive freedom and the importance of the upcoming election.
SCRIPT FOR LORI CHAVEZ-DEREMER (OR-05)
Salem office: 503-588-9100 | DC office: 202-225-5711
My name is [–] and I’m a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (HR.12), forcing opponents to state their positions on the floor of Congress;
- Pass legislation protecting doctors from prosecution for protecting women’s health.
Script for Andrea Salinas (OR-06)
Salem office: 503-385-0906 | DC office: 202-225-5643
My name is [–] and I’m a constituent from [city], Oregon [zip code].
It is long past time to dismantle the zombie Comstock Act before it can be used to effectively ban abortion nationwide. As your constituent, I demand that you:
- Seek to pass the Stop Comstock Act and the Women’s Health Protection Act (HR.12), forcing opponents to state their positions on the floor of Congress;
- Urge President Biden to pardon those convicted under the Victorian-era Act, including newspaper editor D.M Bennett, to underscore his support for reproductive freedom;
- Pass legislation protecting doctors from prosecution for protecting women’s health;
- Remind constituents of the fragility of reproductive freedom and the importance of the upcoming election.
ACTION THREE: Good Trouble.
Below are opportunities to fight for our democracy. As John Lewis said, go make some “good trouble.”
