Under President Joe Biden, the Justice Department said it did not believe Comstock prohibited mailing these pills. But abortion opponents have been pressing the Trump administration to change that policy. The Supreme Court’s most conservative members, Justices Samuel Alito and Clarence Thomas, have also expressed openness to that legal interpretation.
That approach, too, could spark its own legal battle.
“If there was any meaningful reinterpretation [of Comstock], I think lawsuits would be fast and furious,” Foster said.
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