LOGIN

Uncovering the Historical Link Between the 1870s Comstock Act and Abortion Pills

by Ryan Lee
0 comments

A law created in the 1800s which is named the Comstock Act has suddenly become important again. Anti-abortion groups and conservative states are using it to try and stop people from getting mifepristone, a pill that is used during half of all abortions in the US.

This past Friday, a judge in the Texas court system made a ruling that agrees with religious conservatives. The ruling basically prohibits sending a medicine through the post which has been used for a long time. Let’s take a look at this case and the law behind it.

Recently, a judge ruled that the U.S. Food and Drug Administration made an incorrect decision when they approved mifepristone (a type of pill) more than 20 years ago, even though lots of evidence showed it is safe to use. The administration under President Donald Trump disagreed with this ruling and argued against it right away. However, the current Biden administration and the maker of the drug said they would appeal the ruling moments after it was made.

At the same time, a judge in Washington issued an order saying that people living in the states that had sued the government must be allowed to keep getting the drug. The separate decisions will most likely mean the case will go to the Supreme Court very soon.

Kacsmaryk, a former lawyer from the conservative First Liberty Institute, often used language typically used by people who do not support abortions. He referred to those doctors that prescribe mifepristone as “abortionists,” babies in the womb as “unborn humans,” and medication abortions as “chemical” abortions.

If Kacsmaryk’s decision was to be followed through with, it would also stop some recent changes that were made to make it easier for people to get hold of mifepristone. For example, there was an update in 2021 that allowed the drug to be sent via mail.

The Comstock Act was a law passed in 1873. It was named after someone who wanted to stop people from doing bad things. The Act said no one could mail birth control pills, certain materials related to abortion and anything else that would be used for an abortion.

Many years before, a law was passed that bans mailing certain drugs. But since the 1930s, no one has followed this rule. The FDA’s newly decision about allowing these medicines to be sent by mail goes against this law. A judge agreed that it’s illegal to send chemical abortion drugs covered under this law.

Do you want to know why the Comstock Act is important right now?

This law was rarely used in the 50 years after the Roe v. Wade made it legal to have an abortion. Until 2021, when the FDA changed rules about mifepristone, there was no way for people to get what they needed for an abortion through mail delivery.

But Rachel Rebouché from Temple University’s law school said that groups that are against abortion are taking advantage of this law because of Roe’s court decision. They want to make it harder for people to get what they need for an abortion.

Experts say that mailing abortion pills is a problem for those who are against abortion. It’s hard to stop it, difficult to track and tough to enforce. The Comstock Law has been used by Republican state officials to keep national pharmacy stores from shipping abortion pills into their states.

Last February, attorneys general from 20 states where most laws limit abortion told CVS and Walgreens they could get into trouble if they sent out any pills that cause abortions by mail. These lawyers said such actions were against the Comstock Act, which has been used to support laws limiting certain kinds of medical care in the past.

Back in the 1930s, courts made some decisions that changed how the law was used. According to this new opinion, almost every type of medical item could be seen as illegal if it had anything to do with abortion.

This means that even things like surgical gloves were deemed too dangerous for use if they were related to abortions.

Back in 1936, the law said that someone who sends an item or drug can only be punished if they meant it to be used illegally, like for an abortion.

Recently, The Biden administration’s Justice Department gave their opinion on this and said that even sending abortion pills wouldn’t be against the law since some legal uses, such as miscarriages or when there are already laws banning abortions, can occur.

Kacsmaryk disagreed with this view and said that the law doesn’t necessarily need someone to have bad intent.

If the Supreme Court looks at this case, it could cause big changes in America for women, people who help women get abortions and those who don’t agree with abortions.

Kacsmaryk only talked about a certain drug but this opinion could be used for other medications too.

Mifepristone is typically taken with another pill, called misoprostol. Abortion clinics have stated that if mifepristone is somehow removed from hospitals and markets, they will switch to using only the second medicine which has many other medical uses as well. It is not certain if Comstock could limit distribution of misoprostol because it is being used for issues like stomach ulcers too. Now, the big question here is that what would happen if Supreme Court keeps its ruling on abortion pills?

If the Supreme Court agrees with the decision from Texas and tells Danco Laboratories, which makes mifepristone, to stop selling it, some experts think there might be more arguments in court. The FDA usually has several steps like hearings or internal reviews that can take a while before they decide if a drug is no longer allowed to be sold. If those steps are skipped, Danco Laboratories may sue because they weren’t given an opportunity to “defend” themselves.

The FDA is facing a lot of pressure to ignore what the court said even though it’s not usual for a judge to disagree with their medical decisions. Senator Ron Wyden from Oregon stated on Friday: “This decision has no reason to be here. The FDA, doctors and drugstores must continue working like nothing changed.”

The FDA is allowed to make decisions about various products, including some that are not scientifically proven. This includes certain medicines and supplements which are harmless, so these remain for sale even if the FDA does not approve them. In the case of mifepristone (which is a safe and reliable medication for ending pregnancies), experts suggest that it ought to stay available as an unapproved product.

Rebouché mentioned that, even if a court orders the FDA to do something, the FDA still gets to decide how it should be done. The Big Big News Health and Science Department is supported by the Howard Hughes Medical Institute’s Education and Media Group. The Associated Press is responsible for all of its content.

You may also like

Leave a Comment

BNB – Big Big News is a news portal that offers the latest news from around the world. BNB – Big Big News focuses on providing readers with the most up-to-date information from the U.S. and abroad, covering a wide range of topics, including politics, sports, entertainment, business, health, and more.

Editors' Picks

Latest News