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Constitutional Law,
Government

Aug. 1, 2024

Project 2025: How a new plan could shape federal abortion prosecutions

One of the most troubling aspects of Project 2025 is its proposal for the DOJ to intensify enforcement of the Comstock Act against abortion pill providers, highlighting a potential shift in federal enforcement priorities.

John H. Minan

Emeritus Professor of Law, University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

Shutterstock

In Food and Drug Administration, et al. v. Alliance for Hippocratic Medicine, et al., the plaintiffs (four pro-life medical associations and several individual doctors) moved for a preliminary injunction to require the FDA to rescind the approval of the abortion drug mifepristone or rescind its 2016 and 2021 regulatory actions. The Supreme Court held that the plaintiffs lacked Article III standing to challenge the FDA's actions (602 U.S. 36...

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