Abortion Opponents Push 1873 Comstock Act to Curb Pill Access as Aid Access Tops 200,000 Patients
Updated
Updated · POLITICO · May 15
Abortion Opponents Push 1873 Comstock Act to Curb Pill Access as Aid Access Tops 200,000 Patients
8 articles · Updated · POLITICO · May 15
Conservatives are pressing federal judges and the Supreme Court to revive the 1873 Comstock Act, aiming to choke off abortion-pill distribution even after the court preserved mail access.
The strategy would likely rely on selective, high-profile prosecutions rather than broad mail policing, using legal risk and confusion to deter doctors and groups from shipping pills across state lines.
That could hit providers in 20 shield-law states, but abortion-rights groups say they are preparing workarounds, including overseas shipments; Aid Access says it has served more than 200,000 U.S. patients since Dobbs.
Advance provision has also surged, with thousands of Americans already stockpiling pills for future use as each new legal threat—from the 2024 election to the 5th Circuit ruling—drives another wave of orders.
A 19th-century law could ban mailed abortion pills. Can international aid and state 'shield laws' still guarantee access for Americans?
When a 150-year-old law challenges the FDA, what does it mean for the future of science-based medicine in America?
As abortion access tightens, what does new data reveal about its surprising link to rising intimate partner violence rates?
Supreme Court Temporarily Protects Abortion Pills: The Comstock Act’s Revival and the Future of Medication Abortion in the U.S.
Overview
On May 14, 2026, the U.S. Supreme Court issued a 7-2 decision that temporarily preserves access to the abortion pill mifepristone, allowing it to remain available through telehealth consultations and mail delivery. This ruling acts as a temporary block, keeping the status quo in place while ongoing litigation continues in lower courts. The Supreme Court had previously issued interim decisions to allow more time for deliberation. By maintaining access to mifepristone, the Court safeguards important avenues for reproductive healthcare for a significant portion of the population during this period of legal uncertainty.