Rep. Carbajal Helps Introduce Legislation to Repeal Antiquated Law that Could Be Manipulated to Enact National Abortion Ban

Congressman Salud Carbajal (CA-24) is one of nearly 100 House Democrats co-sponsoring new legislation that would repeal an antiquated federal law that has been raised by conservative voices as the potential foundation for enacting a federal ban on abortion nationwide.

The legislation introduced by Rep. Carbajal and his colleagues in recent weeks would preempt any attempt to use the 1873 Comstock Act for a national abortion ban.

"The overturning of Roe v. Wade two years ago, which struck down a half-century of precedent, was a reminder that we cannot take any 'settled law' for granted when facing down the radical right's war on reproductive rights. We must take their suggestions about reviving archaic laws at face value in the wake of a wave of abortion bans and restricted reproductive freedom across the U.S," said Rep. Salud Carbajal. "A national abortion ban is a direct threat to the well-being and livelihood of women across America. We must act now to deny the radical right any avenue to pursue one. It is too dangerous to leave even this antiquated law on the books."

The Stop Comstock Act would specifically repeal language in the Comstock laws that could be used to ban the mailing of mifepristone and other drugs used in medication abortions, instruments and equipment used in abortions, and educational material related to sexual health.

Abortion by means of medication accounts for over 60% of all abortions in the country today. 1 in 6 women receive abortions made possible by medication sent through mail.

The Comstock laws were enacted in the 1800s to ban the shipment of any obscene, lewd, or vulgar matter in order to restrict abortion, contraception, and even personal letters considered obscene at the time. In the modern era, federal courts have consistently and uniformly held that the outdated laws do not apply to lawful abortion healthcare.

Nevertheless, the Comstock laws were recently cited by Supreme Court Justices Samuel Alito and Clarence Thomas in oral arguments during the trial that threatened access to mifepristone.

These laws were additionally quoted in Project 2025, a legislative roadmap created by former Trump administration officials, as a means to use executive action to create a federal abortion ban drawn from the language in Comstock.

The Stop Comstock Act is led in the House by U.S. Congresswomen Balint, Bush, Escobar, Scanlon, and Watson Coleman. Senator Tina Smith (D-Minn) is the lead sponsor of the companion bill in the Senate.

Additional cosponsors include Reps. Beatty, Blumenauer, Bowman, Caraveo, Cárdenas, Casten, Chu, Cohen, Connolly, Crockett, Dean, DeLauro, Deluzio, DeSaulnier, Doggett, Evans, Garamendi, Garcia (CA), Garcia (TX), Gottheimer, Huffman, Jacobs, Jayapal, Johnson (GA), Kennedy (NY), Landsman, Larson, Lee (PA), Lee (NV), Lieu, McClellan, McCollum, Menendez, Moulton, Mullin, Nadler, Norton, Ocasio-Cortez, Pettersen, Pocan, Porter, Pressley, Ramirez, Raskin, Salinas, Schakowsky, Smith (WA), Sherman, Sherrill, Soto, Spanberger, Stansbury, Stanton, Strickland, Ryan, Thanedar, Torres (NY), Tlaib, Trone, Vargas, Velázquez, Wasserman-Schultz, Wild, Williams (GA), and Wilson.

This bill is endorsed by the Planned Parenthood Federation of America, ACLU, Center for Reproductive Rights, National Women's Law Center, Physicians for Reproductive Health, and Reproductive Freedom for All.

A summary of the bill can be found here.

As a member of the Pro-Choice Caucus, Congressman Salud Carbajal has been a fierce advocate for women's reproductive rights.

He championed the Women's Health Protection Act to codify the protections of Roe v. Wade and enshrine the national right to abortion into law. This legislation passed the House in the previous term thanks in part to Rep. Carbajal's vote, but failed to reach President Biden's desk to become law.

He was a champion of legislation to ensure the right to contraception, and legislation affirming that women are lawfully protected to cross state lines for reproductive healthcare.

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