Groping desperately for an excuse to ban mifepristone nationally, Trump judge Matthew Kacsmaryk may rule that the drug is obscene
There is something obscene about religious zealots being allowed to make healthcare decisions for the entire country.
Abortion pill mifepristone ruling in Texas case could hinge on 1873 Comstock Act
-
U.S. District Judge Matthew Kacsmaryk raised the Comstock Act repeatedly in last week’s hearing in the case challenging FDA approval of mifepristone.
-
The 1873 Comstock Act declared “obscene” materials as not mailable, including drugs advertised for use in abortions.
-
The Comstock Act hasn’t been enforced in decades. The DOJ says it doesn’t ban mail delivery of mifepristone, citing court cases that narrowed the law’s scope.
-
But Kacsmaryk could potentially issue an order invoking the Comstock Act to roll back FDA regulatory changes that allowed mifepristone mail delivery.
Kacsmaryk has emerged as the “go to” of the far right, of the “Christian” right in particular. He has also shown a light on the judiciary as a whole: Their just as political as anything else in America and partisan to their collective core. Here’s to hoping his lordship rules based of an ancient act, preferably by slave owners, and declares the drug obscene.