Democrats are seeking to repeal an old law on the books that could be used to stop mailing of the abortion pill.

From The Epoch Times. Senate Democrats proposed legislation on June 20 that would repeal an 1800s-era law they say could be used to restrict abortion and its pill form.

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The law, known as the Comstock Act, prohibits the mailing of various items—including those intended to induce an abortion.

Sen. Catherine Cortez-Masto (D-Nev.), who co-sponsored the repeal bill, said “women didn’t have the right to vote or even open their own bank accounts” when Comstock was written.

“If given the power, anti-choice Republicans have made it clear that they will use this 150-year-old law to enact a national abortion ban without Congress or the American people’s approval,” she said in a press release. …

Rep. Becca Balint (D-Vt.) and her colleagues also introduced a companion bill to repeal Comstock in the House. The repeal will likely have a steeper hill to climb in the Republican-controlled House.

Legal Status of Abortion Pill

The abortion pill has become increasingly important to the debate over abortion access since the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health. …

The Food and Drug Administration (FDA) made access to the pill easier when it removed the in-person dispensing requirement. A group of doctors challenged the FDA’s deregulation of the pill in federal court but ultimately lost at the Supreme Court in June. …

During the oral argument in March, Supreme Court Justice Samuel Alito suggested Comstock at least warranted some attention by the FDA. “It’s not some obscure subsection of a complicated obscure law,” he said. Justice Thomas also asked multiple questions about Comstock and indicated to Danco, the manufacturer of Mifeprex, that it would be “susceptible to a Comstock Act problem.” …

After Dobbs, the Justice Department issued a memo stating that Comstock “does not prohibit the mailing, or the delivery or receipt by mail, of mifepristone or misoprostol where the sender lacks the intent that the recipient of the drugs will use them unlawfully.” …

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(Excerpt from The Epoch Times. Photo Credit: Liudmila Chernetska/Getty Images)