Conservative judges have revived this thing like a phoenix. It’s a specter of doom.
, the judge invoked a bizarre bit of legal reasoning: the Comstock Act, a law that Congress passed in 1873 to ban sending pornographic literature, contraceptives, and early abortion-inducing substances through the mail. The law has been criticized as overly broad, even unconstitutional, and archaic for much of its 150-year history. But on Thursday, the 5Circuit Court of Appeals affirmed much of Kacsmaryk’s ruling, including his invocation of Comstock.
That started with what he saw as dirty books, which was an extremely broad category that included, you know, pornographic stuff like, which some of you may have read in high school English. And it also included the mailing of contraceptives and abortion drugs or abortion devices.Comstock was quite vigorous and happy in enforcing this law. He was allowed to carry a weapon.
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