Perspective | The original Comstock Act doesn’t support the new antiabortion decision

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Perspective | The original Comstock Act doesn’t support the new antiabortion decision
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Perspective: Judge Matthew Kacsmaryk rationalized his medication abortion opinion through a distorted reading of the long-dormant 1873 law

, which revoked the constitutional right to an, the availability of medication abortion has become a major battleground, with antiabortion groups pushing to eliminate it by any means possible.

Backed by wealthy donors, Comstock took his impressive collection of pornographic pictures, sex toys and contraceptive materials to Washington, D.C., where he displayed them at the Capitol to help galvanize Congress to pass anti-obscenity legislation. Yet, during floor debate over the bill, Sen. William Alfred Buckingham proposed replacing the physician exception — “line 13.” It is not clear why he did so although some historians have speculated that it might have had to do with a political rivalry between Buckingham and Edmunds, or perhaps he was persuaded by Comstock himself.

Had the physician exemption remained, rather than getting cut by what the legislative history indicates was a bored and recalcitrant Congress that gave little thought to the issue, the implications would have been enormous.Americans immediately made clear their hatred of the new law. In 1878, the National Liberal League, a group that advocated religious freedom and separation of church and state, presented Congress with a petition signed by 50,000 citizens demanding its repeal.

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