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WHEN Anthony Comstock, above, went to war against “obscenity” and “immorality” in the late 19th century, he succeed in in getting a law passed that included criminalising the distribution of contraceptives.
The Comstock Act of 1873 defined contraceptives as obscene and illicit, making it a federal offence to disseminate birth control through the mail or across state lines. It was also intended to prohibit the mailing of “lewd” materials.
As the Act had lain dormant since the 1930s no-one believed it would ever again be invoked.

Image via YouTube
This Easter they were proved wrong when Trump-appointed Texas District Court Judge Matthew Kacsmaryk, above, a Christian fanatic, cited the Comstock Act to reverse the Food and Drug Administration approval of mifepristone as safe and effective
Mifepristone is reportedly used in more than half of US abortions.
If upheld, Kacsmaryk’s 67-page decision would also dismantle recent FDA changes designed to ease access to mifepristone, which can legally be mailed to those who need it.
Within hours of the Texas ruling, the Justice Department and drug manufacturer Danco Laboratories filed notices of appeal against Kacsmaryk’s ludicrous ruling, according to The Washington Post.
President Biden criticised the Texas ruling in a statement on Friday, saying the court had:
Substituted its judgment for FDA, the expert agency that approves drugs. If this ruling were to stand, then there will be virtually no prescription, approved by the FDA, that would be safe from these kinds of political, ideological attacks.
He called the decision:
Another unprecedented step in taking away basic freedoms from women and putting their health at risk.
Writing for Jezebel Kylie Cheung said:
Throughout the utterly bogus decision, in which he literally cites an 1873 law prohibiting the mailing of lewd materials, Texas District Court Judge Matthew Kacsmaryk refers to fetuses and embryos as ‘unborn humans,’ conferring legal personhood upon embryos and fetuses.
Of course, this language is a transparent play to equate abortion with murder. And hilariously, in his very first footnote, Kacsmaryk claimed he chose these words to be more scientific and ‘inclusive.’
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