EPPC Amicus Brief in Supreme Court FDA Abortion Pill Case

Published April 18, 2023


On April 18, 2023, Distinguished Senior Fellow Ed Whelan filed an amicus brief in the Supreme Court on behalf of the Ethics and Public Policy Center that explains that the so-called Comstock Act provisions, 18 U.S.C. §§ 1461 and 1462, prohibit sending abortion drugs by U.S. mail or by common carrier and that rebuts the contrived opinion by DOJ’s Office of Legal Counsel on which the FDA relies.

Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.

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