Conservative activists have spent years pushing a fringe legal theory that could ban abortion nationwide. A pair of newly appointed White Ho
Susan Rinkunas at Balls and Strikes:
As a journalist who covers reproductive rights, I’ve spent the first six months of Donald Trump’s second term waiting for the other shoe to drop on abortion. Sure, the president has pardoned nearly two dozen people who blockaded abortion clinics and signed a bill to kick Planned Parenthood out of Medicaid, but the administration has much more power to restrict abortion access than it’s wielded so far. Trump’s picks for two relatively low-profile roles may signal where his administration is headed next: In recent months, he’s appointed a pair of anti-abortion zealots to work at the influential Office of Legal Counsel at the Department of Justice. OLC provides legal advice to the president and the entire executive branch, meaning its responsibilities include drafting legal opinions for the attorney general, reviewing executive orders and presidential proclamations, and assessing the constitutionality of pending legislation. In December 2022, shortly after the Supreme Court’s Dobbs decision that overturned Roe v. Wade, the OLC under President Joe Biden notably published an opinion that abortion opponents hate. OLC opinions are considered binding across administrations, and this one said that sending abortion medications through the mail and common carriers like FedEx does not violate an 1873 law known as the Comstock Act, as long as the sender doesn’t know that the drugs will be used illegally. The Comstock Act is an anti-vice and sexual morality statute that bans the mailing of abortifacients, among other “indecent” items. But it never targeted legal abortion, and, for nearly a century, courts have interpreted it to include a medical exception.
Anti-abortion activists, however, view Comstock as something of a skeleton key that could ban abortion pills and even prohibit all abortions nationwide. Project 2025, a conservative playbook spearheaded by the Heritage Foundation, has called for the rescission of that Biden-era memo to once again permit Comstock prosecutions of what the right deems to be illegal abortions. Trump’s two recent OLC appointees are in a position where they’ll be able to do exactly that.
Trump Regime is finding a way to bring back the largely dormant Comstock Act to life, something out of the Project 2025 playbook.
















