Texas Judge’s Abortion Pill Ruling Brings Awful 19th Century Law Back to Life

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Texas Judge’s Abortion Pill Ruling Brings Awful 19th Century Law Back to Life
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OP: The weak legal reasoning by Judge Matthew Kacsmaryk will undoubtedly be attacked by the Department of Justice on appeal but there is reason to worry.

The granting of a nationwide preliminary injunction invalidating the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone will dangerously deprive a safe means of abortion to millions of women.

who is cited in the opinion for this analogy. But lurking inside the opinion is an even more potentially dangerous effort by the judge to revive a nearly dormant 19References to the Comstock Act are littered throughout Texas federal district court Judge Matthew Kacsmaryk’s ruling. As described in a December 2022 memorandum by the Justice Department’s Office of Legal Counsel, the original Comstock Act arose from “the handiwork ofComstock—the New York Society for the Suppression of Vice—championed the initial version of the law which forbade the mailing of any drug, medicine or anything “for the prevention of conception, or for causing an unlawful abortion. The prohibition on contraception and the word “unlawful” were eventually dropped. In its current form found at 18 U.S.

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