The next battleground on abortion lies at the post office — over a 150-year-old anti-vice law that some legal experts say expressly bars the mailing of abortion pills.
, originally produced by a French manufacturer before being brought to the U.S. during the Clinton administration.
has a responsibility,” said Julie Marie Blake, senior counsel with Alliance Defending Freedom. “Put politics aside, follow the law and the science, and protect women and girls.”FDA Since its enactment during the Grant administration, the law has been mitigated by various rulings on commerce, obscenity and abortion — particularly the Supreme Court’s 1973 Roe v. Wade decision, which legalized the procedure nationwide. The high court repealed Roe last year, returning jurisdiction on abortion to the states in the case of Dobbs v. Jackson Women’s Health Organization.
Sarah Parshall Perry, a senior legal fellow at the conservative Heritage Foundation, said the courts are bound to have to address the reach of the Comstock Act, which judges haven’t done in decades since Roe. The DOJ also claims that the federal law banning the mailing of abortion drugs isn’t applicable, since the abortion drug was given federal approval more than two decades ago.
The memorandum also points to about half a dozen cases where judges have broadly interpreted the statute, even a case from 1915 where a court reversed the conviction of a doctor who had sent detailed instructions to a woman about how she may procure an abortion — referenced as an “operation.”
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