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Federal Suit Invokes Comstock Act to Test Shield Laws for Abortion Pill Mailings

It asks a federal judge to rule whether California’s shield law protects mailed abortion pills or an 1873 Comstock Act provision bars them.

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In this photo illustration, A packet of Mifepristone is seen at Wyoming's last abortion clinic, Wellspring Center March 10, 2025 in Casper, Wyoming.
Mifepristone tablets are seen in a Planned Parenthood clinic on July 18, 2024, in Ames, Iowa.

Overview

  • Jerry Rodriguez filed the first individual federal wrongful-death lawsuit in the Southern District of Texas against California doctor Remy Coeytaux, claiming he mailed abortion pills that ended two pregnancies and seeking at least $75,000 in damages plus an injunction.
  • The complaint alleges violations of Texas abortion bans and the long-dormant 1873 Comstock Act, marking its first federal use to challenge medication abortion via mail.
  • Jonathan Mitchell, the architect of Texas’s six-week abortion ban, represents Rodriguez in what legal experts view as a coordinated effort to confront blue-state shield laws protecting telehealth abortion providers.
  • Observers warn the case could move through the courts and potentially reach the U.S. Supreme Court to resolve conflicts over interstate abortion restrictions and provider safeguards.
  • The lawsuit follows stalled state-court actions against New York doctor Margaret Carpenter under shield laws, highlighting a new federal avenue to test cross-border enforcement of reproductive-health statutes.