Health Care — Conservative justices express support for Comstock Act

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View Online Health Care Health Care The Big Story  Conservative justices express support for Comstock Act   The Supreme Court heard arguments Tuesday about access to mifepristone, a widely available drug used in medication abortion. While justices broadly appeared skeptical that the plaintiffs had the right to sue, Justices Samuel Alito and Clarence Thomas signaled a willingness to revive the Comstock Act.  © AP The 151-year-old law bans the mailing of "obscene" or "indecent" materials. It hasn't been applied in more than a century, and was largely unenforceable while Roe v. Wade was in effect.    But for several years in anticipation of the end of Roe, anti-abortion activists and some GOP officials have been eyeing it as a way for a future Republican president to effectively ban abortion nationwide without needing Congress.    Alito pressed Solicitor General Elizabeth Prelogar about whether the Food and Drug Administration should have at least considered the Comstock law when it allowed mifepristone to be accessed by mail.    "This is a prominent provision; it's not some obscure subsection of a complicated, obscure law. Everybody in this field knew about it," Alito said.      Some abortion rights groups and legal experts are expressing concern that while the Biden administration may win if the court rules the Alliance doesn't have standing to sue, one or both justices could write a Comstock-focused opinion and give legal cover to a future GOP administration.     Both Prelogar and Jessica Ellsworth, the attorney for manufacturer Danco, said Comstock doesn't apply in this case.      But Erin Hawley, who represented the Alliance for Hippocratic Medicine, said the law's meaning was "pretty clear."     "We don't think that there's any case of this court that empowers FDA to ignore other federal law," Hawley said. "The Comstock Act says that drugs should not be mailed either through the mail or through common carriers."    Welcome to The Hill's Health Care newsletter, we're Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health. Did someone forward you this newsletter? Subscribe here. Essential Reads  How policy will be impacting the health care sector this week and beyond: 13 activists arrested ahead of Supreme Court abortion pill hearing Thirteen activists were arrested Tuesday morning outside the Supreme Court, ahead of oral arguments in a case that could dramatically limit access to mifepristone, a widely used abortion pill. At approximately 8:45 a.m. EDT, U.S. Capitol Police arrested 13 people who, a police spokesperson said in a statement, were "illegally blocking roads and then a walkway." The spokesperson added that Capitol Police officers warned the …  Full Story Supreme Court weighs major changes to abortion pill access: Recap The Supreme Court on Tuesday heard oral arguments in a case that could have sweeping consequences for all Americans' access to mifepristone, a widely used abortion pill. The hearing returns the issue of abortion to the Supreme Court almost two years after its landmark decision to overturn constitutional protections to the procedure. The court is essentially being asked to uphold an appeals court ruling that overrides a series …  Full Story Biden seeks to draw contrast with Trump on health care in North Carolina President Biden and Vice President Harris traveled Tuesday to North Carolina to tout the recent anniversary of the Affordable Care Act and bash Republicans' health care agenda.  Full Story In Other News  Branch out with a different read: Alabama special election to test political potency of abortion, IVF A special election in an unusual purple Alabama state House district is testing the political potency of reproductive rights in a red state after a major ruling there last month led to a temporary pause on in vitro fertilization (IVF) treatment. Full Story Around the Nation  Local and state headlines on health care: State health laboratory building reaches milestone with topping off (WJAR)  This state isn't waiting for Biden to negotiate drug prices (KFF Health News)  Idaho governor signs child health watchdog law, calls for broader government oversight role (Idaho Capital Sun)  What We're Reading  Health news we've flagged from other outlets: Merck drug for rare, deadly lung condition appears set for approval in U.S. (Stat)  Is 'Baby Olivia' headed to a school near you? Bills in several states would allow screenings of fetal development video. (The 19th News)  Zepbound patients in panic mode as pharmacies can't get enough (Bloomberg)  What Others are Reading  Most read stories on The Hill right now: Alina Habba mocks New York AG after appeals court reduces Trump bond Alina Habba, attorney to former President Trump, mocked New York Attorney General Letitia James (D) after an appeals court significantly reduced the … Read more Judge overseeing NY hush money trial imposes gag order on Trump The New York judge overseeing former President Trump's hush money trial imposed a gag order on Trump on Tuesday, preventing him from publicly attacking … Read more What People Think  Opinions related to health submitted to The Hill: Remove the barriers keeping women from addressing colorectal cancer The gray areas of women's health are pathways to progress   You're all caught up. See you tomorrow!  Check out The Hill's Health Care page for the latest coverage. Like this newsletter? 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