Specifically on the archaic Comstock Act. Later today when I’ll post the latest Redwood Wonk video here. In it I predict that the 5th Circuit ruling will be overturned by SCOTUS 7-2 because 4 of the conservative Justices don’t want the Democrats to keep hitting Democrats over the head with the abortion issue. It is very possible that the thrashing the Republicans took in Tuesday’s Alabama special election was fueled by the SCOTUS hearing.

But the far right exists in a social and political bubble. Thomas and Scalia homed in on the Comstock Act of the 19th century which prohibits, among other things, sending abortion products through the mail. It’s been dormant for over a hundred years. The two are expected to write a dissent which has raised concerns that a future MAGA President may feel empowered to revive the Comstock Act for other purposes.

If Senate Democrats were taking advice from me, they would introduce a bill to repeal the Comstock Act close to the election and fundraise off the inevitable Republican filibuster.

Addendum: