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Federal Judge Matthew Kacsmaryk raised the Comstock Act repeatedly in last week’s hearing for the case challenging FDA approval of mifepristone.
Anti-abortion advocates are trying to revive the long-dormant 1873 Comstock Act, which banned mailing of anything related to abortion or contraception, in a lawsuit about mifepristone, an abortion-inducing drug.
Federal Judge Matthew Kacsmaryk attempted to keep the hearing from becoming public knowledge out of concern about the eruption of protests over the last attack on abortion rights.
Over the course of about four hours of arguments, a federal judge in Texas asked questions that suggested he is seriously considering undoing the US Food and Drug Administration's approval