There is a lot of cool discussion around this piece, thank you for engaging with it so deeply. I thought I'd send over an extra word of encouragement to look into the hyperlinks from Naomi and Sonia throughout the article. This piece especially has great further reading that goes deeper into its history and politics. I think you'll enjoy it. Thank you!
Thanks Grace and Jessica for all your hard work and reporting and explaining this. Well, my first thought was CRAP! Second thought was solution based. Keep Calm and Carry On. The law doesn't say anything about delivering it by hand but alas one has to get the pills first. I envision these pills going underground (black market) if it does happen or on the Dark Web. Safety issues arise of course.
If the Comstock Act does get fully enforced it will impact a variety of products and have a huge effect on the economy. Will Viagra be included in this? That's all I got pausing to absorb...sigh and mentally prepare.
Hi Jessica. Cut it out! Another collum that really pissed me off.
Actually,
I think you're not being pessimistic enough.
Let's say we win the Comstock battle.
Yea!
But wait. The Federalist Society has been planning and working against abortion for 4 decades. This is far from their only tactic. Look at thalidomide- surely we can't trust the FDA. Why don't we try the tactic that worked with cannabis- it needs to be banned for the good of the public. The supreme court isn't becoming marginally any better either. We need to ban affirmative admissions. Screw the minority's. So what if legacy admissions increase. Who will many of the legacies be? Probably people from the likes of Hillsdale and the Christian home schools .
As Liz Chaney said recently- we're electing Morons.
Sorry, I needed to vent.
In parting, a joke I made up yesterday. Grammatically bad, I know.
Why don't proctologists and goats get along? They both butt heads.
Never Take Your Eye Off The Ball. I grew up in Colorado a long time ago and had the good fortune to be represented by Patricia Schroeder- a forward looking woman if there ever was one. SHE tried to start the conversation to repeal the Comstock Act for just the reason so clearly presented here. She didn't get much traction because nobody thought we would devolve as far as we have. This is going to be a nightmare that could have been avoided. I am sick every day when I read what is happening to women in this country. Thank you for your work but I am very pessimistic that this is going to improve. I am pretty sure access for reproductive care is going to become even more limiting and punishment of pregnant women and health care providers will accelerate in much of this country.
Thank you, once again, for invaluably clear and thorough reporting.
It sounds like abortion rights supporters, and anyone counting on their OB-GYN to have the appropriate tools and medications to treat their reproductive health, need to start a “Repeal Comstock” drive ASAP. Like, yesterday.
Their starting point for reasoning is that their reproductive organs are a divine gift from their big penis god in the sky, while ours are portals to evil in need of punishment and control. I can't imagine they would think there could be anything sinful or smutty about Viagra.
Why do I never hear any discussion re: the separation of Church and State? Why are these religious nuts getting away with murder? Where are the Constitutional lawyers?
The far right has been very careful to pretend that this has nothing to do with religion. It’s all about the fact that by having different DNA from the person carrying it, a fetus is a separate person who has the intrinsic right to life - because killing another human being is murder.
Yes, we all know this is bullshit, but it’s enough to pass muster in our biased courts.
Although killing another human being is perfectly legal under a number of circumstances. Abortion rights can be consistently viewed as a Castle Doctrine for the womb.
If fetuses are people, women are their chattel. That's what this argument is saying. Fetuses have special privileges to other people's bodies that literally no one else has. It violates the 5th, 13th and 14th amendments. I know I keep posting this article but it's so important.
State Abortion Bans: Pregnancy as a New Form of Coverture
I am currently reading “The Woman They Could Not Silence” by Kate Moore. The concept of coverture with regard to marital coverture is very well described and explained in this book in a way that I think makes it quite understandable (and infuriating). It is also terrifyingly clear to draw the connection between the lack of rights of women in the 1860s and now. And the ideas promoted by Comstock, a contemporary of this time in history (mid 19th century), seriously make me ill. The fact that his laws are being championed…ugh.
The problem is that the average voter doesn’t understand coverture as a concept to start with. I shared it elsewhere and asked lawyer friends to weigh in on how this could be used to our advantage, but didn’t get much response.
I think we need to have a few smart, creative lawyers to look into this.
Not since their initial replies. I don't want to pester because I know how much work it takes to do what they're doing. I think mentioning it in the comments as a reminder is a good idea. It's only going to have impact when somebody argues it in court (and ideally a judge somewhere agrees). So mostly I'd like to know how it would be countered, to have an idea of what it's up against.
I know, it feels hopeless sometimes and it hurts. Two hopeful stories: 1. In Georgia there’s a lovely grassroots group called Regulate Guns Not Women. They wave signs outside the governors mansion for an hour every week, rain or shine, and SO MANY cars and trucks give approving honks and thumbs-up. 2. I’ve been ordering pregnancy test strips in bulk (super cheap) and leaving them in a public womens restroom with info cards (why test early, numbers for contraception & abortion clinics, etc). People will take the tests & info - and sometimes people will leave other things, like menstrual supplies and Plan B packs!
I think people do care, but many are just busy & overwhelmed and don’t think they have the power to make things better. But as long as I see these little acts of resistance and solidarity, I feel hope.
What you doing is wonderful advocacy. It only takes one person to create a movement. I leave Plan C stickers in bathrooms. I like the idea of pregnancy strips. That is great!!!
That is a very good idea. It needs to become a national trend. We know that the women who are already most disadvantaged are having the most trouble accessing care, and often at least part of the hurdle is just knowing where to go, who to call, who can help.
It is frustrating. Back when most people still thought abortion rights were secure, I attended rallies, helped organize marches, and marched for abortion rights in DC. But over the years, I think the constant threat of public mass shootings has put a damper on demonstrations, marches, and protests of all kinds. And this implicit threat has effectively put a damper on the public's right to peacefully assemble. It is entirely by design.
The thing is if our side's two strategies are 1) trying to win elections in a system biased towards them (Democrats probably have to win nationally by 7-8 points to have a shot at the trifecta in 2025, and perhaps not that much less in subsequent elections) and 2) trying to convince a judiciary that's biased towards them, then I don't think we're using all of our resources and all of our power. At the very very least there ought to be boycotts and other economic forms of protest.
Decide which businesses and corporations are helping our side, and which ones are not. Walgreens was one example of the latter. Doesn't have to be completely "fair". The point is to have an impact on the money men. Strikes, walkouts, etc. are other options, but need to be coordinated so we don't leave people hanging. Lots of other civil disobedience possibilities. Idk I just think we should be throwing everything at it. They would. (And arguably did and that's why we're here.)
There is a lot of cool discussion around this piece, thank you for engaging with it so deeply. I thought I'd send over an extra word of encouragement to look into the hyperlinks from Naomi and Sonia throughout the article. This piece especially has great further reading that goes deeper into its history and politics. I think you'll enjoy it. Thank you!
This article was so scary I couldn’t finish it.
Thanks so much 👍
And I’m sure “they” will find a way of exempting Viagra…..
Thanks so much for this!
This is a ray of sunshine!!! Geez!!
Thanks Grace and Jessica for all your hard work and reporting and explaining this. Well, my first thought was CRAP! Second thought was solution based. Keep Calm and Carry On. The law doesn't say anything about delivering it by hand but alas one has to get the pills first. I envision these pills going underground (black market) if it does happen or on the Dark Web. Safety issues arise of course.
If the Comstock Act does get fully enforced it will impact a variety of products and have a huge effect on the economy. Will Viagra be included in this? That's all I got pausing to absorb...sigh and mentally prepare.
Hi Jessica. Cut it out! Another collum that really pissed me off.
Actually,
I think you're not being pessimistic enough.
Let's say we win the Comstock battle.
Yea!
But wait. The Federalist Society has been planning and working against abortion for 4 decades. This is far from their only tactic. Look at thalidomide- surely we can't trust the FDA. Why don't we try the tactic that worked with cannabis- it needs to be banned for the good of the public. The supreme court isn't becoming marginally any better either. We need to ban affirmative admissions. Screw the minority's. So what if legacy admissions increase. Who will many of the legacies be? Probably people from the likes of Hillsdale and the Christian home schools .
As Liz Chaney said recently- we're electing Morons.
Sorry, I needed to vent.
In parting, a joke I made up yesterday. Grammatically bad, I know.
Why don't proctologists and goats get along? They both butt heads.
I’m not ready to accept that.
As always, I appreciate this thorough explanation of a preposterous law.
Never Take Your Eye Off The Ball. I grew up in Colorado a long time ago and had the good fortune to be represented by Patricia Schroeder- a forward looking woman if there ever was one. SHE tried to start the conversation to repeal the Comstock Act for just the reason so clearly presented here. She didn't get much traction because nobody thought we would devolve as far as we have. This is going to be a nightmare that could have been avoided. I am sick every day when I read what is happening to women in this country. Thank you for your work but I am very pessimistic that this is going to improve. I am pretty sure access for reproductive care is going to become even more limiting and punishment of pregnant women and health care providers will accelerate in much of this country.
Thank you, once again, for invaluably clear and thorough reporting.
It sounds like abortion rights supporters, and anyone counting on their OB-GYN to have the appropriate tools and medications to treat their reproductive health, need to start a “Repeal Comstock” drive ASAP. Like, yesterday.
Wouldn’t mail-order Viagra and its generics, as offered by companies such as Roman, also be covered under the Comstock Act?
My first thought. The good ol’ boys would not care for that.
Their starting point for reasoning is that their reproductive organs are a divine gift from their big penis god in the sky, while ours are portals to evil in need of punishment and control. I can't imagine they would think there could be anything sinful or smutty about Viagra.
Yikes well said!!
Why do I never hear any discussion re: the separation of Church and State? Why are these religious nuts getting away with murder? Where are the Constitutional lawyers?
The far right has been very careful to pretend that this has nothing to do with religion. It’s all about the fact that by having different DNA from the person carrying it, a fetus is a separate person who has the intrinsic right to life - because killing another human being is murder.
Yes, we all know this is bullshit, but it’s enough to pass muster in our biased courts.
Although killing another human being is perfectly legal under a number of circumstances. Abortion rights can be consistently viewed as a Castle Doctrine for the womb.
If fetuses are people, women are their chattel. That's what this argument is saying. Fetuses have special privileges to other people's bodies that literally no one else has. It violates the 5th, 13th and 14th amendments. I know I keep posting this article but it's so important.
State Abortion Bans: Pregnancy as a New Form of Coverture
https://virginialawreview.org/articles/state-abortion-bans-pregnancy-as-a-new-form-of-coverture/
Thank you for the citation. This is a brilliant article - so clear and plain-speaking.
I am currently reading “The Woman They Could Not Silence” by Kate Moore. The concept of coverture with regard to marital coverture is very well described and explained in this book in a way that I think makes it quite understandable (and infuriating). It is also terrifyingly clear to draw the connection between the lack of rights of women in the 1860s and now. And the ideas promoted by Comstock, a contemporary of this time in history (mid 19th century), seriously make me ill. The fact that his laws are being championed…ugh.
That’s one of my favorite pieces on the issue.
The problem is that the average voter doesn’t understand coverture as a concept to start with. I shared it elsewhere and asked lawyer friends to weigh in on how this could be used to our advantage, but didn’t get much response.
I think we need to have a few smart, creative lawyers to look into this.
Surprised to but see any in the comments since I've been here. Zach and I were hoping Grace or Jessica would ask the ones in the article about it.
Hope Jessica and Grace have time to follow up with their sources on this 🤞
Guess we could try emailing them again. Have you heard back from the last time?
Not since their initial replies. I don't want to pester because I know how much work it takes to do what they're doing. I think mentioning it in the comments as a reminder is a good idea. It's only going to have impact when somebody argues it in court (and ideally a judge somewhere agrees). So mostly I'd like to know how it would be countered, to have an idea of what it's up against.
I hardly see them in the comments though. Hopefully we'll see them today.
The lack of pushback is breathtaking. The silence is heartbreaking. It’s as if it’s already a fait accompli that women are doomed.
I know, it feels hopeless sometimes and it hurts. Two hopeful stories: 1. In Georgia there’s a lovely grassroots group called Regulate Guns Not Women. They wave signs outside the governors mansion for an hour every week, rain or shine, and SO MANY cars and trucks give approving honks and thumbs-up. 2. I’ve been ordering pregnancy test strips in bulk (super cheap) and leaving them in a public womens restroom with info cards (why test early, numbers for contraception & abortion clinics, etc). People will take the tests & info - and sometimes people will leave other things, like menstrual supplies and Plan B packs!
I think people do care, but many are just busy & overwhelmed and don’t think they have the power to make things better. But as long as I see these little acts of resistance and solidarity, I feel hope.
What you doing is wonderful advocacy. It only takes one person to create a movement. I leave Plan C stickers in bathrooms. I like the idea of pregnancy strips. That is great!!!
That is a very good idea. It needs to become a national trend. We know that the women who are already most disadvantaged are having the most trouble accessing care, and often at least part of the hurdle is just knowing where to go, who to call, who can help.
Unfortunately there's not much people can do until election season
It is frustrating. Back when most people still thought abortion rights were secure, I attended rallies, helped organize marches, and marched for abortion rights in DC. But over the years, I think the constant threat of public mass shootings has put a damper on demonstrations, marches, and protests of all kinds. And this implicit threat has effectively put a damper on the public's right to peacefully assemble. It is entirely by design.
I hadn't thought of it that way but yes that's a very very good point. It's one of the big reasons they defend their guns so much.
The thing is if our side's two strategies are 1) trying to win elections in a system biased towards them (Democrats probably have to win nationally by 7-8 points to have a shot at the trifecta in 2025, and perhaps not that much less in subsequent elections) and 2) trying to convince a judiciary that's biased towards them, then I don't think we're using all of our resources and all of our power. At the very very least there ought to be boycotts and other economic forms of protest.
Boycott what though? Seems like the Church pews are already emptying at a rapid clip but don't know what else people could boycott.
Decide which businesses and corporations are helping our side, and which ones are not. Walgreens was one example of the latter. Doesn't have to be completely "fair". The point is to have an impact on the money men. Strikes, walkouts, etc. are other options, but need to be coordinated so we don't leave people hanging. Lots of other civil disobedience possibilities. Idk I just think we should be throwing everything at it. They would. (And arguably did and that's why we're here.)
The Comstock Act was the first thing I thought of when this all started, and I knew it was only a matter of time.
Terrible that the anti choice people want to force their puritan ways down everyone's throats.
My god this is so bleak. So much misery and suffering, just to force people to give birth.