The Comstock Act is no solution for pro-lifers or the FDA's bureaucratic rot

In a Friday afternoon news dump, Judge Matthew Kacsmaryk struck down the Food and Drug Administration's approval of mifepristone more than 20 years ago. Although a separate judge tried to oppose Kacsmaryk’s ruling, the FDA’s approval will inevitably face the highest court in the land.

If the Supreme Court does agree the “system[ic]” argument backs the standing of the plaintiffs, there’s little indication that the Republican appointees to the bench are eager to agree with the central argument. While Justice Clarence Thomas boasted that the bench should reconsider settled cases such as Griswold v. Connecticut, no other justices concurred.

Recall at the start of the pandemic, the FDA, already slower than molasses in its initial approval of COVID tests, demanded that the Centers for Disease Control and Prevention retest every positive test to confirm accuracy. The FDA would go on to “deprioritize” later applications for peer-reviewed tests despite continued heightened demand. The result was Abbott Laboratories consolidating three-quarters of the market by the end of the second year of the pandemic.

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