KQED's Forum Forum from the Archives: California at the Center of New Legal Battles Over Abortion
Sep 4, 2025
In this thought-provoking discussion, Mary Ziegler, a law professor at UC Davis, and Shefali Luthra, a reproductive health reporter, dive deep into California's post-Roe landscape. They dissect the complexities of legal battles surrounding abortion access, including corporate pressure on medications like Mifepristone. The duo highlights instances of Catholic hospitals denying essential care and explores the implications of recent legislation defunding crucial services for underserved communities. Their insights reveal the intricate interplay between state laws and the national abortion rights discourse.
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Comstock Act As A Backdoor Strategy
- Lawsuits invoke the 1873 Comstock Act to argue mailing abortion pills is federally illegal.
- Plaintiffs aim to create a backdoor federal ban that could shut down cross-state medication abortion.
Mailing Pills Undermines State Bans
- Abortion pills by mail have kept abortion numbers from declining despite state bans.
- Anti-abortion groups view mail delivery of medication as an existential threat and focus major resources on stopping it.
Interstate Legal Battles Will Reach Federal Courts
- States are clashing over which law controls when doctors prescribe across borders, creating a legal battlefield.
- Cases will likely travel to federal courts and could reach the U.S. Supreme Court for final resolution.
