How a 19th-century law could upend abortion access in America

WHEN THE Supreme Court ruled last year that America’s constitution does not guarantee the right to abortion, it returned the matter to lawmakers. In the months since activists have pushed for a national prohibition. This Congress, which is divided on the issue, will not soon pass a law limiting access to abortion across the country. So pro-life campaigners have turned to one that is already on the books: the Comstock Act, a 150-year-old anti-vice law. This historical oddity, never fully repealed, could severely curtail access to abortion. What is the Comstock Act—and how might it be resurrected?

Anthony Comstock (pictured), the law’s main proponent, was a 19th-century morality campaigner. Repulsed by the easy availability of smut, Comstock pushed Congress to pass a federal anti-obscenity law. In 1873 to rally support he set up an exhibition of offending items at the Capitol, which included obscene engravings, sex toys, contraceptives and abortion aids. Within months the Comstock Act was passed. The sweep of items it affected was broad, but the means were focused; the act itself did not ban the materials but prohibited sending them by post. It covered anything “obscene, lewd, lascivious or vile”. The act was later amended to clarify that this includes anything designed or “adapted” for abortion.