The “Zombie Law” That Could Ban Abortion Pills
March 5, 2024 Greetings, Meteor readers, Many of you know that I am a football girlie. And while I am not now, nor have I ever been, an Eagles fan (the only bird I recognize is the mighty Seahawk), I did ugly-cry at Jason Kelce’s retirement speech. You don’t need to watch the whole thing, but this portion about Kelce and his brother achieving their dreams together made me want to call my sister (who is also a writer) and openly weep. But that would be weird! Anywho, today is Super Tuesday, and if your state has a primary, you know what to do. Most polling locations are open until 9 PM, but you can always confirm that over at vote.org. In today’s newsletter, we learn about the Comstock Act, congratulate the French, and despair over a new gender equality report from the World Bank. Cry Eagles Cry, Shannon Melero WHAT’S GOING ONMoving backwards: In December, journalist Susan Rinkunas warned us about “zombie law” revival becoming the go-to move for Republicans looking to restrict abortion access in states where it’s still nominally legal. Now, that prediction is coming true in some of the worst ways. Writing for Jezebel, Rinkunas lays out what voters need to know when it comes to the potential return of the Comstock Act of 1873—and how 145 Republicans in Congress are asking the Supreme Court (via an amicus brief) to use Comstock as legal precedent to ban the mailing of mifepristone nationwide. What is the Comstock Act? In short, it’s an incredibly conservative “chastity law” that made the dissemination of contraceptives, birth control, or any materials related to abortion a federal offense. (In the mid-1900s, some states doubled down on Comstock and enacted local laws that criminalized the use of birth control for married couples as well as single women.) The strength of the outdated law was whittled away over time, though not completely: “In 1971, lawmakers repealed the portions related to birth control and, in 1996, a bipartisan group of House members tried and failed to repeal the provision about mailing abortion materials,” Rinkunas writes. But once again, Comstock is rearing its ugly head. In both the SCOTUS brief and elsewhere, Republicans have touted the bill as a way to restrict the mailing of abortion pills nationwide. Senator Elizabeth Warren is having none of this. Speaking to Jezebel via a spokesperson, Warren posits that, as currently written, Comstock “does not prevent the mailing of medication abortion.” But something as trivial as accurate legal interpretation may not be enough to stop the court (which hears its mifepristone case on March 26) or a future Republican Congress enabled by a Republican president. We’ve already heard endless horror stories about what restricting access to abortion is doing to pregnant people around the country. And as of now, more than half of all abortions in the U.S. are performed using mifepristone. Should this (demonstrably safe) method be made inaccessible, by Comstock or any other means, those horror stories will only pile up. So what can be done? Congress can…you know, do its job and repeal Comstock altogether. Even if the repeal doesn’t go through, bringing it to a vote will force Republicans to make clear where they stand (and get voted out if they’re standing in the wrong spot). AND:
FRENCH PROTESTORS OUTSIDE THE SORBONNE AHEAD OF THE VOTE TO ENSHRINE ABORTION RIGHTS. (VIA GETTY IMAGES)
WHAT YOU TOLD US ABOUT PROJECT 2025—AND THE ELECTIONLast month, we wrote about Project 2025—the massive conservative Republican plan detailing what that party aims to do should they win the presidency this fall. (There’s a lot in it, from banning abortion nationwide to eliminating the Department of Education.) And when the story went up on our Instagram, it quickly became one of our most-commented posts of the season, with healthy (and generally respectful; we love you for that) debates around what these proposals mean and how they’ll influence your vote. Some of the disagreements were about how real the risk of Project 2025 is: “Please stop with the fearmongering,” wrote one commenter; “don’t give that group credit,” posted another. But as we mentioned in our original coverage, The Heritage Foundation are Washington insiders. As Emerge America head Ashanti Gholar (@ashantigholar) commented: “ They are not a tiny fringe group, they are the largest conservative think tank. They are responsible for…many of the horrible policies we see across the country starting with Reagan’s in the 80s.” But the most vigorous debates were the ones in response to the headline of our story: “Life under the next Republican president won’t be pretty.” As Alana Hadid (@lanzybear) posted, “Life under the current president isn’t either…It takes a huge amount of privilege as an American to worry more about what happens to us than how the rest of the world suffers under us. If Democrats don’t win that’s because of what they have done to the rest of the world.” Another commenter put it this way: “I could never vote for Biden after his administration’s current immigration policy, their…[refusal] to stand against fossil fuel expansion….their outright material support for genocide.” Others stated their plan to undervote, or to put energy into fighting for a multi-party system. Many of you disagreed, responding that “there is one party on record that is trying to help all, and there is another party that isn’t,” and charging that “half of these comments clearly don’t know the difference between what is controlled by Congress versus the POTUS….Or gerrymandering. Or how things were stacked in the courts from the last administration.” Kelly Will (@misswillful) noted, “These comments about giving up are tragic! COME ON! We finally all agree [things] need to change. Let’s vote for a decade straight like our lives depend on it, because they do.” So—why are we resurfacing all this? Because your comments capture a conversation that’s happening all over the country. (And at The Meteor, too: Shannon has been yelling about Project 2025 like Paul Revere on a December night.) And with eight months till an election that Donald Trump could genuinely win, dismissing one another’s concerns isn’t the answer; hearing each other out is. So let’s keep doing it. We want to know: How are you feeling about the upcoming election? Which issues are heaviest on your mind right now? Does Project 2025 scare you into action, and if not, why not? And what kind of reporting and coverage would you like to see from us at The Meteor? Our ears and inboxes are open, and your feedback will help us shape our work for the next eight months and beyond. You can write directly to us at hello@wearethemeteor.com or, if email isn’t your thing, DM us on Instagram. —The Meteor Team FOLLOW THE METEOR Thank you for reading The Meteor! Got this from a friend? Subscribe using their share code or sign up for your own copy, sent Tuesdays and Thursdays.
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