Mifepristone Brief Raises Comstock Act Argument Against Telehealth Abortion

By Jessica Karins / February 23, 2024 at 4:44 PM
Ahead of oral arguments in the Supreme Court case over the abortion pill mifepristone, the anti-abortion physician plaintiffs in the case are again arguing that FDA’s move in 2021 to allow the drug to be prescribed via telehealth violates the 1870 Comstock Act, providing a potential pathway for the justices to restrict access to the drug despite the plaintiffs’ weak case for standing. The antiquated anti-obscenity Comstock Act also contains prohibitions on mailing things like sexually explicit letters; those provisions...


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