I. Glenn Cohen, JD; Eli Y. Adashi, MD, MS; Mary Ziegler, JD
JAMA. Published online July 13, 2023. doi:10.1001/jama.2023.9360
In the wake of the US Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization, there have been many legislative attempts to restrict abortion, as well as lawsuits seeking to buttress those initiatives or further restrict abortion. Such litigation has centered, among other things, on whether the Emergency Medical Treatment and Labor Act overrides potentially conflicting state laws that seek to limit abortion exceptions for the health and life of the mother, whether the US Food and Drug Administration approval of mifepristone was unlawful, and whether abortion bans violate various state constitutions.
In this Viewpoint we discuss an issue that that has received less attention and is being litigated in several courts—the Comstock Act. … We explain the history of this old law, its use by those seeking to restrict abortion, and why it threatens abortion access in the US.
Continued: https://jamanetwork.com/journals/jama/fullarticle/2807457