WASHINGTON — A 19th century “anti-vice” law is at the center of a new court ruling that threatens access to the leading abortion drug in the U.S.
Dormant for a half-century, the Comstock Act has been revived by anti-abortion groups and conservative states seeking to block the mailing of mifepristone, the pill used in more than half of U.S. abortions.
On Friday, a federal judge in Texas sided with Christian conservatives in ruling that the Comstock Act prohibits sending the long-used drug through the mail.
Here’s a look at the case and the law:
What happened?
In a sweeping ruling, U.S. District Judge Matthew J. Kacsmaryk said that the Food and Drug Administration’s approval of mifepristone more than two decades ago violated federal rules. Despite overwhelming evidence to the contrary, the Donald Trump appointee said the FDA overlooked “legitimate safety concerns” with the pill, which has been available since 2000.
The Biden administration and mifepristone’s main drugmaker filed appeals notices within hours of the decision.
The Texas ruling came almost simultaneously with an order from a judge in Washington state, who said the FDA must maintain access to the drug in Democratic-led states that filed their own lawsuit. The dueling opinions are expected to send the matter quickly to the Supreme Court.
A former lawyer for the conservative First Liberty Institute, Kacsmaryk used the terminology of anti-abortion advocates throughout his opinion, referring to doctors who prescribe mifepristone as “abortionists,” fetuses as “unborn humans” and medication abortions as “chemical” abortions.
If upheld, Kacsmaryk’s 67-page decision would also dismantle recent FDA changes designed to ease access to mifepristone, particularly a 2021 switch that allowed the drug to be sent through the mail.
What is the Comstock Act?
Originally passed in 1873 and named for an anti-vice crusader, the Comstock Act was intended to prohibit the mailing of contraceptives,…
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