The battle for reproductive freedom is far from over. In fact, conservative efforts are ramping up to an entirely new level—and the stakes couldn’t be higher. The latest push? Reviving an antiquated 151-year-old law, the Comstock Act, in an attempt to enforce a nationwide abortion ban without a single vote in Congress. This law, a relic of the 19th century, is central to a broader agenda known as Project 2025. Here’s why you need to be concerned.
What is Project 2025?
Project 2025 is a detailed plan hiding in plain sight. Conceived by a coalition of far-right groups, its goal is to strip women of reproductive freedom by any means necessary. While the overturning of Roe v. Wade ignited this movement, Project 2025 is aiming for something even more chilling—a nationwide abortion ban.
At the heart of Project 2025 is the Comstock Act—a law that’s been gathering dust since 1873 but could be unleashed to severely restrict abortion access, not just in conservative states but everywhere. If enforced, this could make surgical and medication abortions nearly impossible to obtain, even in places where abortion remains legal.
The Comstock Act: A 151-Year-Old Weapon
Passed in 1873, the Comstock Act was originally created to ban the mailing of “obscene” materials. It was designed around broad moral concepts of the time, which included prohibiting items related to birth control and abortion.
Fast forward to today: using this old law, conservatives see a golden opportunity. They’re attempting to use its provisions to criminalize the mailing of abortion pills—a commonly used and safe method for early pregnancy termination. But here’s what’s really happening. The original Comstock Act never intended to cover what we now understand as safe, legal medical procedures. In fact, this law has never been used to prosecute abortion-related care in the modern sense.
The Christian legal group behind the Dobbs v. Jackson ruling (the case that overturned Roe v. Wade), Alliance Defending Freedom, is also deeply involved in Project 2025. The plan is to use the Comstock Act to attack access to medication abortion, the most common abortion method in the U.S. today.
Why Are They Going After Medication Abortion?
Medication abortion allows someone to end a pregnancy at home, using pills that are only effective in the first 10 weeks of pregnancy. Despite Republicans falsely claiming that late-term abortions of fully-developed pregnancies are frequent, the facts tell a different story. According to KFF, late-term abortions account for just 1% of all abortion procedures and typically occur in extreme, medical emergencies.
So, why target medication abortion? Simple. It’s the last line of defense in states where surgical abortion is heavily restricted or banned outright. Since the Dobbs decision, medication abortions have surged in popularity as they afford more privacy and safety for those seeking to end pregnancies.
By resurrecting the Comstock Act, conservatives are effectively imposing a national abortion ban—attacking the one method still available in states that protect reproductive rights.
The Plan: Outdated Law, 21st Century Agenda
Let’s be clear. If the next Republican president follows Project 2025’s playbook, they will direct the Department of Justice to enforce the Comstock Act. This legally dubious move would criminalize the mailing of abortion pills and, potentially, even medical supplies used in surgical abortions.
The language of Project 2025 explicitly tells the Department of Justice to target “providers and distributors” of abortion care. Essentially, anyone involved—from doctors to the U.S. Postal Service, even FedEx—could be prosecuted. Repeat offenders may face up to 10 years in prison.
This strategy allows conservatives to bypass both the will of the people and Congress. Conservatives know that Americans are overwhelmingly against a national abortion ban. According to an AP-NORC poll from June 2023, 79% of Americans oppose such a ban, including 64% of Republicans. Project 2025 sidesteps those opinions entirely.
Restoring a Law from the 1800s: What’s at Stake?
The Comstock Act is way past its expiration date. Originally designed to combat “obscenity,” it’s now being repurposed to undermine reproductive rights in a democracy where women’s voices were never part of the discussion when it was enacted in 1873.
Even before Roe v. Wade, courts never interpreted this law in a way that applied to lawful abortions. It was only meant to apply to “unlawful” abortions, which means its current use would be a radical re-interpretation. The law wouldn’t have been enforceable at all during the Roe era, which established a constitutional right to abortion. That right was stripped away by the Dobbs decision in 2022.
These extremists are going beyond Victorian-era laws. By weaponizing a Department of Justice under Republican leadership, Project 2025 could transform the U.S. into a country where abortion is inaccessible, no matter what individual states decide.
The Threat to States That Still Protect Abortion
What’s next? Imagine what happens if Project 2025 succeeds. Even in states like California, New York, and Michigan, where abortion rights are protected, the federal government could override those protections. Through a wildly aggressive reading of the Comstock Act, Project 2025 could allow federal authorities to investigate and prosecute doctors, patients, and even postal workers involved in legal abortion care.
States like Michigan recently enshrined protections for abortion into law. Yet this federal intervention could intrude into those safe spaces, defying the overwhelming public support for reproductive liberty. Conservative leadership could use this powerful legal tool to push their anti-democratic agenda on every woman in the U.S., regardless of state laws.
Conclusion: The Quiet Part Out Loud
Conservatives are no longer hiding their agenda. Jonathan Mitchell, a key voice behind Project 2025, openly declared, “We don’t need a federal ban when we have Comstock on the books.” They’ve learned how to work around checks and balances designed to protect citizens’ rights.
Reviving the Comstock Act is a dangerous and profoundly undemocratic way to control women’s reproductive health. It’s not just about abortion—it’s about controlling women’s bodies, their choices, and their futures.
This fight is far from over, and Project 2025 is a clear example of just how far some will go to turn back the clock on progress. What we’re witnessing is not just a legal battle but a full-scale attack on women’s autonomy. The question is: will we let them succeed?
Stay informed. Stay vigilant. Women’s rights are on the line.
