His supporters are seeking to attack abortion rights and abortion access from a variety of angles should he regain the White House, including using a long-dormant law from 1873.
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Anti-abortion activists participate in the annual March For Life event in Washington last month.
Allies of former President Donald J. Trump and officials who served in his administration are planning ways to restrict abortion rights if he returns to power that would go far beyond proposals for a national ban or the laws enacted in conservative states across the country.
Behind the scenes, specific anti-abortion plans being proposed by Mr. Trump’s allies are sweeping and legally sophisticated. Some of their proposals would rely on enforcing the Comstock Act, a long-dormant law from 1873, to criminalize the shipping of any materials used in an abortion — including abortion pills, which account for the majority of abortions in America.
“We don’t need a federal ban when we have Comstock on the books,” said Jonathan F. Mitchell, the legal force behind a 2021 Texas law that found a way to effectively ban abortion in the state before Roe v. Wade was overturned. “There’s a smorgasbord of options.”
Mr. Mitchell, who represented Mr. Trump in arguments before the Supreme Court over whether the former president could appear on the ballot in Colorado, indicated that anti-abortion strategists had purposefully been quiet about their more advanced plans, given the political liability the issue has become for Republicans.
“I hope he doesn’t know about the existence of Comstock, because I just don’t want him to shoot off his mouth,” Mr. Mitchell said of Mr. Trump. “I think the pro-life groups should keep their mouths shut as much as possible until the election.”
ImageMr. Trump hasn’t publicly embraced a nationwide abortion ban, but some allies and supporters are exploring ways to go around Congress to attack abortion rights.Credit…Sean Rayford for The New York Times
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Source: nytimes.com
