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Long-Dormant Obscenity Law Threatens Access to Abortion

  • Anti-abortion groups are arguing a 150-year-old federal law against lewdness can be used to restrict mailing abortion pills, even to states where abortion is legal.
  • Conservative judges and the Biden administration are facing pressure to reinterpret the law in ways that could curb abortion rights.
  • The Comstock Act banned mailing "obscene, lewd or lascivious" materials and allowed up to five years in prison, though it has rarely been enforced in recent decades.
  • Some lawmakers and legal experts support repealing the Comstock Act to prevent it from being used to limit abortion access.
  • Abortion opponents want the law applied even in states where abortion is legal and are pushing for penalties against mailing abortion pills.
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