Protesters hold up placards outside court as justices hear arguments in first major abortion case since Roe v Wade was overturned
The conservative justice Samuel Alito also asked about the role of the Comstock Act, a 19th-century anti-obscenity law that bans the mailing of all abortion-related materials.
He suggested that the FDA should have considered the Comstock Act when it changed the rules around the availability of mifepristone, which can now be sent in the mail.
I also want to emphasize, justice Sotomayor that the studies were far from the only evidence FDA consulted at the time it acted in 2021. It had real world experience during the Covid-19 pandemic, a period of time when the in-person dispensing requirement was not enforced. And FDA started by looking at, as a comparative analysis, the two periods of time when you had in-person dispensing and when you didn’t, and saw that there was no relevant increase in serious adverse events or difference between those two timeframes. So, that further supported the safety problem with all drugs is there are complications in virtually all of them.
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