Abortion
Rights and the Cold, Dead Hand of Anthony Comstock
THOM HARTMANN for ThomHartmann.Com
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Your Honor, this woman gave birth to a naked child! [Cartoon from The Masses, September 1915.] |
The Supreme Court session on March 26 was a loud and
persistent warning: America needs to pay attention.
During oral arguments, the Comstock Act was invoked
repeatedly by Justice Samuel Alito, Justice Clarence Thomas, and Erin Hawley, the wife of Republican
Senator Josh Hawley, who was arguing before the court that the abortion drug,
Mifepristone, should be banned nationwide.
Now that it’s fairly clear the “sad doctors” argument
before the court yesterday was so pathetically weak they can’t use it to ban
Mifepristone, anti-abortion activists are talking about finding a case they can
push up to the court next year that will allow it to ban all abortions
in the nation, and most birth control pills and devices as a bonus.
How do they plan to do it? With the Comstock Act. You
could see and hear the set-up of this future court case in Yesterday’s
arguments.
Justice Sam Alito said:
This [Comstock Act] is a prominent provision. It’s not
some obscure subsection of a complicated, obscure law. Everybody in this field
knew about it.
Erin Hawley was emphatic:
We don’t think that there’s any case of this court that
empowers FDA to ignore other federal law. The Comstock Act says that drugs
should not be mailed… either through the mail or through common carriers.
And Clarence Thomas laid out the possibility of future
litigation when he essentially threatened the lawyer for Danco Laboratories,
the manufacturer of Mifepristone:
“How do you respond to an argument that mailing your
product and advertising it would violate the Comstock Act?” He went onto note
that the law “is fairly broad, and it specifically covers drugs such as yours.”
In other words, they want the act enforced today.
Bloomberg news laid it out yesterday:
“Do we think the Supreme Court majority is going to rule
on the Comstock Act in this case? The answer to that is no,” said Mary Ziegler,
a law professor at the University of California at Davis who specializes in
reproductive rights. “Do we think that the Comstock Act is going to come up
again at some point in the future? The answer to that is definitely.”
So, what the heck is the Comstock Act and why are
Republicans trying to revive it before the Supreme Court and in threatening
letters to pharmacy chains?
You’ve probably never heard of Anthony Comstock, a Civil
War Union soldier and New York postmaster, who died in 1915. You need to learn
about him and his legacy, however, as his long fingers are about to reach up
out of the grave and wrap themselves around the necks of every American woman
of childbearing years.
Anthony Comstock was a mama’s boy who hated sex. His
mother died when he was 10 years old, and the shock apparently never left him;
women who didn’t live up to her ideal were his open and declared enemies, as
were pornography, masturbation, and abortion. He was so ignorant of sex and
reproduction that he believed a
visible human-like fetus developed “within seconds” of sexual intercourse.
Comstock spent decades scouring the country collecting
pornography, which he enthusiastically shared with men in Congress, and
harassing “loose women.” For example, when he visited a belly-dancing show
(then a new craze) in Chicago at the Cairo Theatre during the World’s Fair of
1893, he demanded the show be shut down.