Texas seeks to stop the delivery of abortion-inducing medications within its borders

In the United States, a century-old law known as the Comstock Act, named after Anthony Comstock who lobbied Congress to pass it, is once again at the centre of a heated debate. The Comstock Act, enacted in 1873, originally prohibited the mailing of "obscene" materials, including explicit sexual content and contraceptive information.

The law, which was used aggressively to suppress materials on sexual health, birth control, and reproductive rights in the late 19th and early 20th centuries, has seen large parts struck down, repealed, or rendered obsolete. However, some provisions technically remain in U.S. law (18 U.S.C. §§ 1461-1462).

In recent years, the Comstock Act has resurfaced in debates about abortion pills, particularly after the Supreme Court's 2022 Dobbs decision overturning Roe v. Wade. Opponents of abortion have argued that the Comstock Act could be revived to restrict access to medication abortion, while others argue courts have long limited its reach.

The latest chapter in this ongoing saga unfolded in Texas, where the Attorney General, Ken Paxton, has issued cease-and-desist letters to several organizations, including Plan C, Her Safe Harbor, and an affiliate of Aid Access. These organizations are accused of unlawfully advertising, selling, and shipping abortion-inducing drugs into Texas.

According to Paxton, failure to comply with the cease-and-desist orders could result in further legal action, lawsuits seeking injunctive relief, and civil penalties of no less than $100,000 per violation under Texas law. Texas, Paxton stated, will not tolerate the murdering of innocent life through illegal drug trafficking.

The organizations under scrutiny provide various services. Plan C, for instance, offers information on how people in the U.S. can access abortion pill options online for safe home abortion. Her Safe Harbor advertises abortion pills prescribed by licensed healthcare providers with free on-demand medical support. Aid Access claims to provide abortion pills for people living in all 50 U.S. states, prescribed and mailed by their U.S. abortion providers for $150 or less.

The legal action follows two cases in Texas where abortion activists and organizations allegedly facilitated men illegally purchasing abortion-inducing drugs. In one case, according to a lawsuit, a man used the drugs to poison his girlfriend, causing the death of their unborn child, and sending the mother to the hospital.

As the debate over the Comstock Act and abortion pills continues, it's clear that this historical law still holds significant implications for reproductive rights in the United States. The outcome of the current legal battle in Texas could set a precedent for how the Comstock Act is interpreted and enforced in the future.