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Previous this week the Justice Division introduced that the U.S. Postal Provider can proceed to ship prescription abortion drugs in keeping with NBC Information. The scoop is surprising after the June 2022 the Very best Courtroom overturned Roe v. Wade.
In an opinion sought through america Postal Provider, the dep.’s Place of job of Felony Recommend stated the mailing of misoprostol and mifepristone—which might be steadily used to terminate pregnancies—didn’t violate the Comstock Act (a legislation based in 1873).
“We conclude that [the statute] does no longer limit the mailing, or the supply or receipt through mail, of mifepristone or misoprostol the place the sender lacks the intent that the recipient of the medicine will use them unlawfully. There are manifold tactics during which recipients in each state would possibly use those medication, together with to supply an abortion, with out violating state legislation. Due to this fact, the mere mailing of such medication to a specific jurisdiction is an inadequate foundation for concluding that the sender intends them for use unlawfully.”
In a observation, america Postal Provider launched stated the opinion “confirms that the Comstock Act does no longer require the Postal Provider to switch our present apply, which has been to imagine programs containing mifepristone and misoprostol to be mailable underneath federal legislation in the similar means as different prescribed drugs.”
Mifepristone will have to be taken together with misoprostol so as to terminate a being pregnant as much as 10 weeks into it. The drugs may be FDA licensed. USPS has insisted it took no stances in the case of abortion coverage at both the federal or state degree.
USPS additionally stated that the Justice Division aligned with its “choice that underneath the doctrine of intergovernmental immunity, any state regulations that can observe to the cargo of the ones prescribed drugs can’t be implemented to Postal Provider workers who’re complying with their tasks underneath federal legislation.”
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