offered the Supreme Court an outline for a faux-compromise: the divided three-justice panel did not revoke the original approval of mifepristone as Judge Matthew Kacsmaryk had .
Instead, the Fifth Circuit proposed bringing back all kinds of limits and restrictions on the drug that haven’t been in effect since 2016: limiting its use to the first seven weeks of pregnancy and requiring three in-person doctor visits instead of a telehealth consultation.The kicker, though, was the Fifth Circuit’s deployment of the Comstock Act, the nineteenth-century anti-vice law that has quickly become a centerpiece of antiabortion attacks.
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