The Comstock Act, as the law is known, is not central to the current Supreme Court case. Their interest in the law’s relevance to Tuesday’s case speaks to how the Comstock Act has taken a more prominent role in the efforts to further limit abortion. Among other arguments, the case’s plaintiffs, anti-abortion doctors and medical associations, have invoked the Comstock Act to argue the FDA acted unlawfully by not considering the 19th century criminal prohibition on mailing abortion drugs. But much attention will be paid to any commentary about the statute, even if just in a dissent, when the Supreme Court issues its ruling in the case in the coming months. The political ramifications of the Supreme Court’s ultimate decision in the current FDA case is also at the forefront of how they approach the subject.

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Persons: Clarence Thomas, Samuel Alito, Comstock, Alito, Roe, Wade, Thomas, Wade –, ”, Skye Perryman, –, Elizabeth Prelogar, Biden, ” Prelogar, Julia Kaye, Joe Biden, Roger Severino, Severino, Trump, misoprostol, Donald Trump, Michelle Shen, Alayna Treene Organizations: CNN, Forward Foundation, Food and Drug Administration, FDA, Department, DOJ, Republican, Heritage Foundation, Heritage Foundation’s, Department of Health, Human Services, House, Trump Locations: Roe