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On March 26, 2024, the Supreme Court heard oral arguments for U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine which involves Food and Drug Administration (“FDA”) regulations of mifepristone, a drug that induces abortion. The case raises questions about the future of abortion access throughout the U.S. and, more broadly, the ability of courts to review and limit the FDA’s expert decision-making and regulating. During the oral arguments, two Justices were focused on a long-dormant law that could be used to ban abortion nationally with no action from congress: The Comstock Act.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on April 12, 2024. The original post can be accessed via the Archived Link button above.

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