Today marks two years since the corrupt justices on the Supreme Court overturned Roe v. Wade—sparking outrage across the country. And in those two years, abortion has been completely banned in 14 Republican-controlled states and restricted in seven more. And now Republicans want to revive a 150-year-old dormant law, the Comstock Act of 1873, in order to force a nationwide abortion ban—even in states where abortion is still legal.¹ We have to stop them.

Champions in Congress, including Senators Tina Smith and Catherine Cortez Masto, have introduced the Stop Comstock Act to repeal the outdated law that Republicans could misuse to further push abortion access out of reach completely.

Weaponizing the Comstock Act to ban abortion isn't just an abstract threat—it's explicitly laid out in Project 2025, the Heritage Foundation's insidious plan for a second Donald Trump presidency—co-signed by more than 100 other conservative and far-right organizations.² Project 2025 is a scary blueprint for dismantling our rights and our democracy, and banning abortion through the Comstock Act is an explicit part of it.

Since the Dobbs decision that overturned Roe v. Wade, the number of people forced to travel across state lines in order to access abortion care—for those who can afford to do so—has nearly doubled.³ And for those who can’t, thousands have been forced against their will to carry pregnancies to term, including traumatic pregnancies that were unviable and ones that were the result of rape.^4,5 It is devastating and cruel to take away a person's ability to make decisions about their body, family, and future. And Republicans are committed to doing whatever they can to force their extreme, unpopular abortion ban on people across the country.

Don't take our word for it. Jonathan Mitchell, one of the architects behind Project 2025, said it himself: "We don’t need a federal ban when we have Comstock on the books."⁶

Republicans have been working for decades to chip away access to abortion, including passing Targeted Restrictions on Abortion Providers (TRAP) laws and burdensome consent laws even before Roe v. Wade was overturned.⁷ And when the Dobbs decision came down, they had trigger bans ready to go.⁸ So it's not a question of if they will try to resurrect and misuse the Comstock Act in order to trigger a national abortion ban—it's a question of when.

Republican attacks against abortion, before and after the overturning of Roe, have upended and devastated millions of people's lives. Due to systemic oppression, abortion restrictions and bans have harmed Black and Latina women, low-income communities, and young people the worst.⁹ And these Republican bans have lasting consequences, exacerbating existing economic, health, and social inequalities long-term.¹⁰ It's hard to imagine the state of abortion worse than today—but it will be if Republicans enforce the Comstock Act.

We can't sit back and wait to see how much more damage Republicans can cause abusing the Comstock Act. We need to stop this dangerous law NOW so our elected officials can focus on restoring and expanding access to reproductive health care—not dealing with what would be a catastrophic aftermath of a nationwide abortion ban.

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