Comstock Act

Virginia’s pending reproductive rights amendment faces a legal challenge over a procedural requirement that the House of Delegates clerk failed to send copies to circuit court clerks. Plaintiffs argue the omission violates Virginia’s constitutional amendment process, though a recent law removed this requirement, creating uncertainty about the case’s validity.

Louisiana is attempting to block nationwide mail distribution of mifepristone, an abortion medication, by citing the Comstock Act. The FDA had allowed mail delivery of the drug since 2023, but Louisiana argues this violates federal law. The Supreme Court recently sent the case back for review after overturning a lower court's halt to distribution.

A Columbus-based religious advocacy group, the Center for Christian Virtue, has urged federal prosecutors in Ohio to enforce the 1873 Comstock Act against mail-order providers of abortion medications like mifepristone. The group argues that prior non-enforcement of the law was a policy choice, not a legal determination of unenforceability, as the Supreme Court has not yet banned mail-order abortion drug distribution.

The Supreme Court ruled to continue telehealth access to abortion drug mifepristone, despite dissent from Justices Clarence Thomas and Samuel Alito. The decision allows access to continue, but advocates warn that the threat to abortion access is still present. Abortions have increased since the Dobbs v. Jackson decision in 2022.

The Supreme Court temporarily preserved telehealth access to mifepristone, a medication used in abortions, amid a legal challenge from Louisiana. The case involves the Comstock Act, an 1873 law that could block mailing abortion-related drugs, potentially impacting states like Virginia where abortion is currently legal. Activist Mark Lee Dickson advocates enforcing the law to create a national abortion ban, while telehealth provider Hey Jane emphasizes its role in reproductive healthcare access.

The U.S. Supreme Court allowed telehealth access to mifepristone to continue until the 5th Circuit Court rules on Louisiana's lawsuit challenging the FDA's telehealth access rule. Justices Samuel Alito and Clarence Thomas dissented, citing the Comstock Act and manufacturer losses. The decision brings relief to abortion rights advocates but faces criticism from opponents.

The U.S. Supreme Court allowed telehealth access to abortion medication mifepristone to continue under current FDA rules while the U.S. 5th Circuit Court of Appeals decides the case Louisiana v. Food and Drug Administration. Justices Samuel Alito and Clarence Thomas dissented, with Thomas citing the Comstock Act as a legal basis to challenge the FDA's rule. Abortion-rights advocates welcomed the decision, while opponents criticized it as endangering patients.

The U.S. Supreme Court ruled that telehealth access to abortion medication mifepristone can continue under current FDA rules until the 5th Circuit Court of Appeals decides the case Louisiana v. Food and Drug Administration. Justices Samuel Alito and Clarence Thomas dissented, citing the Comstock Act and concerns about irreparable harm. The decision follows a 10-day stay issued after Louisiana officials challenged the FDA's telehealth access rule.