Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions

(Slip Opinion) Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the sender lacks the intent that the recipi- ent of the drugs will use them unlawfully. Because there are manifold ways in which recipients in every state may lawfully use such drugs, including to produce an abor- tion, the mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to…