'A murderer': Tina Smith slammed over bill to repeal Comstock Act fearing Trump crackdown on abortion

WASHINGTON, DC: Democrats in the House and Senate introduced a bill to amend an inactive law on Thursday, June 20, out of concern that a future Donald Trump administration would use it to severely restrict or outlaw abortion.

The bill, led by Sen Tina Smith (D-Minn), seeks to repeal the Comstock Act's provisions pertaining to abortion. The Comstock Act is an 1873 federal statute that forbids the mailing of materials related to abortion.

Democrats concerned about misuse of Comstock Act 'extremist Republicans and Trump judges'

Smith said, “The Comstock Act is a 150-year-old zombie law banning abortion that’s long been relegated to the dustbin of history."

"But extremist Republicans and Trump judges have seized upon the idea of misusing Comstock to bypass Congress and strip women nationwide of their reproductive freedoms,” she said.

“It is too dangerous to leave this law on the books; we cannot allow MAGA judges and politicians to control the lives of American women,” she added, The Hill reports.

The shipment of "every article or thing designed, adapted or intended for producing abortion" is expressly forbidden by the 151-year-old law. Over time, Congress has limited the interpretation of the law, and some experts claim this has made it outdated.

But with the landmark Roe v Wade decision of the Supreme Court overturned, anti-abortion activists see a window of opportunity.

Activists, in collaboration with ex-officials from the Trump administration, are preparing for a future Republican administration to use the Comstock Act to halt the mailing of abortion drugs and materials, potentially banning all abortions without congressional intervention.

Justice Department interpreted Comstock Act to prohibit mailing items knowingly for unlawful use

In the Supreme Court's oral arguments on the case to broaden access to the abortion pill mifepristone, Justices Clarence Thomas and Samuel Alito frequently cited the Comstock Act.

Alito raised questions regarding the Food and Drug Administration's (FDA) compliance with the law when deciding to expand access to mifepristone via mail delivery.

“This is a prominent provision; it’s not some obscure subsection of a complicated, obscure law. Everybody in this field knew about it,” Alito said.

In 2022, a memo from the Biden administration's Justice Department interpreted the law to prohibit the mailing of items solely if the sender is aware they will be used unlawfully.

Furthermore, lower courts have stated that the Comstock Act is applicable only to illegal abortions and does not restrict the distribution of medications or other items meant for lawful use.

Biden campaign fears Trump administration could use Comstock Act to target reproductive rights

Democrats and the Biden campaign are highlighting concerns that a Trump administration and congressional Republicans might leverage the Comstock Act to target reproductive rights in the lead-up to the November election.

“Trump’s allies have said that the 150-year-old Comstock Act gives Trump the authority to effectively ban medication abortion nationwide, even in states where abortion is currently legal,” Morgan Mohr, serving as the senior advisor for reproductive rights for the Biden campaign, recently addressed reporters in a memo.

“According to Trump advisors’ radical legal theory, they can use Comstock to prosecute anyone who uses the internet or U.S. mail to facilitate an abortion – and they can even prosecute women and health care providers,” Mohr wrote.

The likelihood of a Comstock repeal bill advancing in the current divided Congress is low, particularly as Senate Republicans have recently obstructed bills aimed at safeguarding access to contraception and in vitro fertilization.

Democrats are introducing a bill to address the Comstock Act

Nevertheless, Democrats are determined to highlight abortion as a pivotal issue during the election year.

“Congressional Republicans and their allies in statehouses across the country are out of step with the American people – they will stop at nothing to enact extreme policies that put women’s lives at risk. We know Americans want the freedom to make decisions about their own bodies,” Rep Becca Balint (D-Vt) introduced a companion bill in the House.

Representative Becca Balint was accompanied by Representatives Cori Bush (Mo), Veronica Escobar (Texas), Mary Gay Scanlon (Pa), and Bonnie Watson Coleman (NJ).

This Democratic initiative has garnered support from prominent advocacy organizations, including the Planned Parenthood Federation of America, the ACLU, the Center for Reproductive Rights, and Reproductive Freedom for All, among others.

Previously, the last Democratic attempt to address legislation concerning the Comstock Act occurred in 1997, spearheaded by then-Representative Barney Frank (Mass) with the Comstock Cleanup Act of 1997, aimed at repealing the abortion-related provision.

However, the bill did not progress.

Abortion rights advocates had previously been reluctant to push for legislation concerning the Comstock Act until the Supreme Court's decision on the mifepristone case. Following the Court's unanimous dismissal of the challenge based on procedural grounds earlier this month, the pathway was cleared for the introduction of the bill.

Internet asks Tina Smith to 'retire'

As soon as the news went viral on social  media, users started sharing their reactions. One said, "Tina is fighting not to save babies, she’s a murderer!"

Another user added, "Tina, that is nonsense, but that’s what Democrats do"

The third commentator remarked, "You’re too old to legislate. Time to retire Grandma."

"You just don't have any good policies that would help everyday Americans, apparently," a person wrote.

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.