“Comstock is really the backdoor way to remove access to abortion across the whole country,” said Greer Donley, a University of Pittsburgh Law School professor who specializes in abortion law. Severino argued that, at least when it comes to the Comstock Act’s prohibitions on mailing abortion pills, Congress is well within its powers to regulate those shipments. Several towns, some in New Mexico and elsewhere, have passed local ordinances that cite the Comstock Act and prohibit business within those jurisdictions from shipping or receiving items used for abortions in the mail, as covered by the Comstock Act. The lawsuits in New Mexico state court that those ordinances have prompted may provide for another opportunity for courts to elaborate on what the Comstock Act means. The Supreme Court, in the emergency order it issued last week, did not say anything about the Comstock Act.

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