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Abortion Pill Case

 * What to Know
 * A New Supreme Court Showdown
 * The Justices’ Earlier Decision
 * Mifepristone, Explained
 * Are Abortion Pills Safe?

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TRUMP ALLIES PLAN NEW SWEEPING ABORTION RESTRICTIONS

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.Credit...Kenny Holston/The New York Times


By Lisa Lerer and Elizabeth Dias

Feb. 17, 2024, 5:05 a.m. ET
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it sent to your inbox.

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.



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“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.”


Image

Mr. 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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Lisa Lerer is a national political reporter for The Times, based in New York.
She has covered American politics for nearly two decades. More about Lisa Lerer

Elizabeth Dias is The Times’s national religion correspondent, covering faith,
politics and culture. More about Elizabeth Dias

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