Can a Law From 1873 Restrict Abortion Nationwide?

Can a Law From 1873 Restrict Abortion Nationwide?

From The Electorette Podcast by Electorette

June 8, 2026 · 32 min · Season 10

About this episode

Julia Kaye discusses the implications of the Comstock Act on abortion access and the ongoing legal battles surrounding medication abortion.

The Supreme Court recently preserved access to mifepristone, the medication used in nearly two-thirds of abortions in the United States. But according to Julia Kaye, Senior Staff Attorney with the ACLU Reproductive Freedom Project, the legal battle over medication abortion is far from over. In this episode of The Electorette, Kaye explains the ongoing Louisiana v. FDA litigation, why anti-abortion activists are increasingly focused on mifepristone, and how a little-known 19th-century law known as the Comstock Act could be used to restrict abortion access nationwide. We also discuss the Trump administration's review of mifepristone regulations, the future of medication abortion, and why reproductive rights advocates view the Supreme Court's latest ruling as a temporary reprieve rather than a final victory. If you found this conversation helpful, follow @electorette on Instagram and YouTube, and subscribe on your favorite podcast platform for more election analysis, democracy coverage, and nuanced conversations that go beyond the headlines. Learn more about your ad choices. Visit megaphone.fm/adchoices

People in this episode

Host: Electorette

Guest: Julia Kaye

Topics covered

  • abortion
  • reproductive rights
  • legal battles
  • medication abortion
  • Supreme Court
  • Comstock Act

Keywords

  • mifepristone
  • abortion access
  • legal litigation
  • reproductive freedom
  • Supreme Court ruling
  • anti-abortion activists

Mentioned in this episode

Organizations: ACLU Reproductive Freedom Project, Trump administration

Books & works: Comstock Act

Places: Louisiana, United States

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