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The Guardian - US
The Guardian - US
World
Carter Sherman

New Mexico supreme court to consider obscure 1873 law used to ban abortion

Protesters in Santa Fe, New Mexico, rally in support of abortion rights in 2022.
The New Mexico supreme court will hear arguments on local ordinances that ban the mailing of abortion pills. Photograph: Morgan Lee/AP

Anti-abortion activists across the United States are convinced that a 19th-century anti-vice law could hold the key to banning abortion nationwide. Their strategy could be put to the test this week.

On Wednesday, the New Mexico supreme court will hear arguments in a case over local ordinances passed in the towns of Hobbs and Clovis, in the east of the state, as well as the nearby Lea and Roosevelt counties. All four localities have passed similar ordinances claiming that the Comstock Act, an 1873 law meant to target vice, bans the mailing of abortion-related materials. The ordinances also effectively ban abortion in the four areas overall, prompting New Mexico’s attorney general to ask the supreme court to strike them down.

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