As I did in the district court and on the FDA’s emergency motion to the Fifth Circuit, I have filed an amicus brief in the Supreme Court that explains that the so-called Comstock Act provisions, 18 U.S.C. §§ 1461 and 1462, prohibit sending abortion drugs by U.S. mail or by common carrier and that rebuts the contrived opinion by DOJ’s Office of Legal Counsel on which the FDA relies. I have filed each brief on behalf of the Ethics and Public Policy Center, and I thank my co-counsel, the Fillmore Law Firm of Fort Worth, Texas.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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