There is, however, a way to counter Kacsmaryk’s ruling that would be difficult for even the current anti-abortion Supreme Court majority to evade. ADVERTISEMENTIn upholding Mississippi’s 15-week abortion ban, Dobbs overturned the 14th Amendment right to abortion. And that means efforts by anti-abortion forces to ban abortion nationwide via the Comstock Act would be unconstitutional. In other words, either the court can uphold the Comstock Act as a nationwide abortion ban or it can offer sweeping new constitutional protections to gun owners. In the end, hand-wringing over the Comstock Act and how the Supreme Court may interpret it is entirely avoidable.
Source: Los Angeles Times April 25, 2023 16:00 UTC