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.
, 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.
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.Originally passed in 1873 and named for an anti-vice crusader, the Comstock Act was intended to prohibit the mailing of contraceptives, “lewd” writings and any “instrument, substance, drug, medicine, or thing” that could be used in an abortion.
Comstock has also been cited by Republican state officials seeking to stop national pharmacy chains from shipping abortion pills to their states.that they could face legal consequences if they sell abortion pills by mail in their states. Most of those states have laws restricting abortion broadly or the pills specifically, but the attorneys general said mail-order mifepristone also runs afoul of the Comstock Act.
Again, Kacsmaryk, rejected that view, stating that the law “plainly does not require intent on the part of the seller.”The Supreme Court has never weighed in on Comstock and — assuming the justices takes up the case— the ruling could have far-reaching consequences for American women, abortion providers and their opponents.
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