Republicans want to use an 1873 law to ban abortion. Congress must repeal it
They don’t need Congress. The anti-abortion movement is preparing to ban abortion nationwide as soon as a Republican takes the White House, and under a bizarre legal theory, they don’t think they even need congressional approval to do it. That’s because anti-choice radicals have begun to argue that an 1873 anti-obscenity law, the Comstock Act, effectively bans the mailing, sale, advertisement or distribution of any drug or implement that can be used to cause an abortion.