Alito, Thomas Eye Comstock Act As Route To Telehealth Abortion Ban

By Cara Smith Jessica Karins / March 26, 2024 at 3:42 PM
Conservative Supreme Court Justices Samuel Alito and Clarence Thomas signaled they are interested in using the antiquated 1879 anti-obscenity Comstock Act as a vehicle to outlaw telehealth abortion during oral arguments Tuesday (March 26) in the case challenging FDA’s relaxed prescribing conditions for the abortion drug mifepristone. Regardless of the outcome of the case, Thomas said, Comstock still makes it illegal to mail abortion pills. Many of the justices appeared skeptical the antiabortion physician plaintiffs have standing to sue, signaling...


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