The New York Post is reporting that NBC has un-hired ex-RNC chair Ronna McDaniel after most of the senior on-air staff revolted this week. NBC News has yet to issue an announcement, so we’ll see. But when even Chuck Todd pushes back against the establishment, you’re in trouble. And Rachel Maddow pretty much had the last word.
Update: It’s now being announced on MSNBC that McDaniel is out.
In other news: Trump has a new gag order.
The judge presiding over the New York criminal case against Donald Trump on Tuesday slapped the former president with a partial gag order.
The ruling from Judge Juan Merchan orders Trump to “refrain” from “making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation” in the falsifying business records case, as well as about individual prosecutors, court staff, jurors and potential jurors.
The order does not apply to the judge or Manhattan District Attorney Alvin Bragg.
Today the Supreme Court heard arguments about mifepristone, the so-called abortion pill. The broad consensus in commentary today is that the Court doesn’t seem inclined to restrict the drug. Most of the rightie judges seem mostly concerned that physicians should be able to refuse to perform an abortion if it is against their personal beliefs. Which I’m pretty sure is how things work in this country anyway.
The arguments today included mention of the Comstock Act. I learned about the Comstock Act of 1873 in undergraduate college courses more than 50 years ago, and even then it was presented as some kind of freakish curiosity from less enlightened times. Like Victorian waist-cinchers. Back in the day the Comstock Act prevented information about birth control from being sent in the mail, because birth control was “obscene” and “illicit.” This part of the law was amended in the 1930s. I had not realized the law was still on the books, though. It was kind of unreal to have the Fetus People dredge it up in their argument in favor of a national abortion ban. The BBC reports,
The Comstock Act, championed by anti-vice crusader Anthony Comstock and passed in 1873, made it a federal crime to send or receive any material deemed “obscene, lewd or lascivious”. The statute makes specific mention of birth control and abortion, barring any materials designed or intended for “the prevention of conception or procuring of abortion”.
Over the next century, various court rulings clarified the law’s meaning, gradually narrowing its scope. In 1971, Congress removed most of Comstock’s restrictions on contraceptives and two years later, through Roe, the Supreme Court established a constitutional right to abortion. By then, the act was seen as a largely unenforceable relic, and remained dormant for 50 years.
But now, within right-wing circles, the Comstock Act is being revived.
Without Roe in place to guarantee access to abortion, the logic is straightforward. According to a broad reading of the law, the mailing of any materials related to abortion – through the United States Postal Service and through private carriers like UPS and FedEx – would be illegal.
By preventing any of the medications or tools necessary for the procedure from reaching hospitals and clinics, Comstock would act as an effective block on abortions, getting around the need for Congress to pass any new legislation.
“It is sweepingly broad language,” said Rachel Rebouché, dean and law professor at Temple University Law school, and a leading scholar in reproductive health law. “If it was applied literally, it [Comstock] could be a ban on an abortion in an indirect way, because everything gets mailed to outfit abortion clinics.”
It seems to me there would be ways of getting around that, but let’s hope it doesn’t come to that.
