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Donald Trump didn鈥檛 deliver on many of his campaign promises as president, but he did achieve one of his administration鈥檚 stated goals: . After appointing three of the five justices who ended the constitutional right to an abortion and , Trump has in undoing nearly 50 years of reproductive health care precedent.

But as we face the prospect of another potential Trump presidency, the architects of Project 2025 have made it clear that overturning Roe was just the first in a multistep plan to eradicate access to safe abortion. Though the Republican Party removed a federal abortion ban from its official party platform, there鈥檚 something more sinister that鈥檚 been hiding in plain sight for 150 years.

, signed into law in 1873, made it a federal offense to disseminate contraceptives, abortifacients, and information about either across state lines or through the mail. Named after Anthony Comstock, an anti-obscenity crusader who inspired the title of the biographical book , the Comstock Law had far-reaching tentacles. Even married couples who used contraception could be sentenced to up to one year in prison.

Over time, various challenges to the Comstock Act, including in 1936, which made it possible for physicians to distribute contraception across state lines; in 1964, which established the constitutional right to contraception; and, of course, in 1973, essentially made it unenforceable. However, the law was never repealed and has instead become a 鈥渮ombie law,鈥� a term used to describe laws still on the books that have been overruled by other legal cases. Take, for instance, Arizona鈥檚 1864 abortion ban, a zombie law that became legally viable after the Supreme Court struck down Roe v. Wade. Though , it still remained on the books long enough to instill fear in those .

Now, after the fall of Roe, Project 2025 plans to revive the zombie Comstock Act and make it workable. Since it鈥檚 already on the books, Congress isn鈥檛 required to pass the Comstock Act. Instead, a president and appointed judges can choose whether to enforce it. Project 2025 architects hope that, if given another term, Trump will do just that.

A Significant Threat to Abortion

in the U.S. Since Roe fell in June 2022, every single time the issue has been on the ballot, even in traditionally conservative states like Kansas, Montana, and Ohio. While a national abortion ban could threaten congressional seats for Republicans, it would also require control of both houses of Congress and the executive branch, a higher threshold than simply winning the presidency. So, it seems, the architects of Project 2025 have developed a workaround to meet their aims.

After Roe was overturned, issued guidance about whether the Comstock Act could be used to criminalize someone who receives mifepristone and misoprostol through the United States Postal Service. 鈥淲e conclude that section 1461 does not prohibit the mailing, or the delivery or receipt by mail, of mifepristone or misoprostol where the sender lacks the intent that the recipient of the drugs will use them unlawfully,鈥� the memorandum opinion states. 鈥淔ederal law does not prohibit the use of mifepristone and misoprostol,鈥� the memorandum continues. 鈥淚ndeed, the U.S. Food and Drug Administration (鈥楩DA鈥�) has determined the use of mifepristone in a regimen with misoprostol to be safe and effective for the medical termination of early pregnancy.鈥�

But under a Trump presidency, the DOJ would likely have a different view, especially since Project 2025 explicitly calls for 鈥渁gainst providers and distributors of [abortion] pills.鈥�

Additionally, the spate of radical, far-right judges Trump appointed during his first term have already proven their willingness to to curb access to abortion. In 2023, , who has deep ties to the anti-abortion movement, defied court precedent to suspend the approval of mifepristone. 鈥淭he Court does not second-guess FDA鈥檚 decision-making lightly,鈥� he wrote in his decision. 鈥淏ut here, FDA acquiesced on its legitimate safety concerns鈥攊n violation of its statutory duty鈥攂ased on plainly unsound reasoning and studies that did not support its conclusions.鈥�

If Trump is able to appoint even more partisan judges like Kacsmaryk to the federal bench, it鈥檚 possible they would use the Comstock Act to criminalize folks sending or receiving mifepristone and misoprostol (or even information about it) through the mail. 鈥淚f the Comstock [Act] were enforced, it would seriously impact the work we do,鈥� says Sneha S. Nair, partnerships coordinator at , a collection of online platforms that provides abortion and contraception information and services. 鈥淲e rely on digital platforms to share [sexual and reproductive health] content worldwide, and restrictions like the Comstock [Act] could lead to significant censorship and suppression of vital information.鈥�

But even the threat of Comstock being enforced is concerning for abortion advocates and providers. 鈥淲hat people believe the law to be is just as important, if not more so, than what the law actually is,鈥� says Farah Diaz-Tello, senior counsel and legal director at , a legal organization that aims to transform the policy landscape to make reproductive justice a reality. 鈥淲hen people have to second-guess what their options are and they just know that there鈥檚 a sort of vague and looming fear of criminalization 鈥� that is not a risk that everybody has the privilege to tolerate.鈥�

For Black and Brown people, who have already for pregnancy outcomes, even the threat of an enforceable Comstock Law could be enough of a deterrent to prevent them from seeking necessary care.

Refusing to Be Silent

While Project 2025鈥檚 architects may be banking on the Comstock Act, they will have to contend with a network of providers and advocates refusing to put the genie back in the draconian bottle. For example, 鈥檚 post-Dobbs campaign, 鈥�,鈥� promotes information about and access to medication abortion online.

Similarly, the , a DIY medical collective, has literally turned into medication abortion. Embedded in the cards are three doses of misoprostol, which can be used on its own to induce an abortion, and since it鈥檚 a paper card, the pills are harder to detect.

Others believe the best way to combat Project 2025鈥檚 insidious ploy to use the Comstock Act as a backdoor abortion ban is to refuse to be cowed into silence about the revolutionary power of being able to terminate a pregnancy in your own home.

Today, the in the U.S. are induced through medication, most often a combination of the drugs mifepristone and misoprostol. Telehealth for abortion care, in which a provider virtually prescribes these drugs to patients, has become , even in states with abortion bans.

鈥淭he number of people served through telehealth has just grown exponentially since the pandemic,鈥� says Elisa Wells, co-founder and co-director of , which promotes access to medication abortion online. 鈥淸When people find out] that you can get an abortion by the mail, which is a really new idea 鈥� they think, 鈥榃ow, that鈥檚 amazing!鈥欌��

Research from the revealed that in the second half of 2023, more than 40,000 people in states that restrict telehealth or ban abortion were able to receive medication abortion from providers in that protect providers from being criminalized. Plan C鈥檚 website traffic has surged since Dobbs; Wells says they now receive approximately 2 million visitors annually.

There鈥檚 also the option of self-managing abortion with abortion pills. For people in states with severe restrictions or bans, self-managed medical abortion with pills has become an option for many who otherwise wouldn鈥檛 have access to abortion care. Plan C, for example, showcases many sites that prescribe and mail medication abortion to folks directly, including and .

There is a vast digital ecosystem of medication abortion information and services that abortion seekers can have mailed right to their door鈥攗nless Project 2025 goes into effect.

鈥溾�嬧�媁hat we are most concerned about is that people have access to accurate information about how to get the pills, how to use the pills, and the fact that in some states there might be legal risks associated with using the pills,鈥� says Wells. 鈥淓very day is a risk assessment, and people can make good decisions about their lives. It鈥檚 not for me to say about somebody else鈥檚 life. What鈥檚 the best choice for you?鈥�