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Texas judge could invoke 1873 Comstock Act to roll back mail delivery of abortion pill mifepristone

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Texas judge could invoke 1873 Comstock Act to roll back mail delivery of abortion pill mifepristone


A federal choose in Texas could attempt to invoke an obscure Nineteenth-century legislation known as the Comstock Act to roll again mail supply of the abortion capsule mifepristone.

Decide Matthew Kacsmaryk of the U.S. Northern District of Texas heard oral arguments Wednesday in a carefully watched case through which medical associations who oppose abortion are difficult the Meals and Drug Administration’s approval of mifepristone. On the listening to’s conclusion, Kacsmaryk stated the courtroom will challenge an order and opinion “as quickly as attainable.”

The central purpose of the Alliance for Hippocratic Medication, the antiabortion group that filed the lawsuit, is to tug mifepristone from the U.S. market. However Kacsmaryk might cease in need of blocking gross sales and as a substitute order the FDA to impose harder restrictions on how the capsule is distributed, authorized specialists stated.

His rationale might hinge partially on the Comstock Act. He raised the 1873 legislation repeatedly throughout final week’s listening to, and appeared extra sympathetic to the arguments laid out by the Alliance for Hippocratic Medication’s attorneys than these offered by the federal government’s attorneys.

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The anti-abortion group’s attorneys argued that the Comstock Act and different legal guidelines ban mail supply of mifepristone. They claimed the FDA’s 2021 choice to permit sufferers to obtain the capsule by mail was unlawful as a consequence. Erik Baptist, an legal professional representing the Alliance for Hippocratic Medication, stated any ruling towards the FDA must be “common and nationwide.”

The Biden administration is anticipated to swiftly attraction any ruling towards the FDA. Throughout final week’s listening to, Justice Division lawyer Daniel Schwei requested the choose to pause any order towards the FDA pending the federal government’s attraction or impose an administrative keep of at the very least 21 days.

The Comstock Act has not been enforced in a long time, stated Rachel Rebouche, an knowledgeable on reproductive well being legislation at Temple College. However Kacsmaryk might attempt to “breathe life into the Comstock Act” by means of a ruling that blocks the FDA’s transfer to drop an in-person meting out requirement and permit mail supply of mifepristone, Rebouche stated. Rebouche was one among 19 drug legislation specialists who signed a short to the courtroom in assist of the FDA.

Congress handed the Comstock Act in 1873 after an anti-vice crusader named Anthony Comstock efficiently lobbied lawmakers to declare “obscene” supplies as not mailable. This included each substance, drug or drugs marketed to be used in abortions.

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These provisions within the Comstock Act largely went unenforced after the Supreme Court docket established federal abortion rights in Roe v. Wade. However Republican politicians and organizations that oppose abortion have sought to invoke the 150-year-old legislation after the Supreme Court docket reversed Roe final yr, as they attempt to cease the proliferation of mifepristone.

“Tablets within the mail are laborious to trace down, they extra simply circumvent states’ abortion bans,” stated Rebouche. “You’ll be able to organize them from overseas, you possibly can stroll throughout the border, there’s any variety of methods to mail remedy abortion capsules. That is an existential disaster for the antiabortion motion.”

No less than 12 states have banned abortion since Roe fell, and several other states nonetheless require sufferers to acquire mifepristone in individual. In February, 21 Republican attorneys common warned Walgreens and CVS towards mailing mifepristone of their states.

The Justice Division, in a authorized opinion in December, stated the Comstock Act doesn’t ban mail supply of mifepristone when the sender doesn’t intend for the recipient to make use of the capsule unlawfully. The opinion cited a number of federal courtroom rulings courting way back to 1915 that narrowed the scope of the Comstock Act’s provisions on abortion.

However Kacsmaryk pressed authorities attorneys on what he ought to make of the Justice Division opinion in comparison with the “pretty definitive studying” of the Comstock Act’s language.

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The choose appeared sympathetic to 22 Republican attorneys common who filed a short to the courtroom arguing that the FDA’s actions on mifepristone violate the Comstock Act. He raised a number of occasions the argument of the GOP attorneys common that the FDA is undermining the states’ capability to manage abortion.

Kacsmaryk didn’t point out a short filed by 22 Democratic attorneys common, who stated a ruling towards the FDA would jeopardize abortion entry of their states the place the process is authorized.

Kacsmaryk appeared to counsel that FDA actions on mifepristone had “modified the sphere of federal-state relations vis-a-vis regulation of abortion.” He requested an legal professional for the Alliance for Hippocratic Medication, Erin Hawley, to weigh in on the arguments of the Republican attorneys common.

Hawley informed the choose that if the Justice Division opinion on the Comstock Act is appropriate, “you might be actually seeing a sea change in federal-state relations.”

“The Dobbs choice stated that it left to the individuals, the elected representatives, the ability to guard life,” Hawley informed the choose. She described the Justice Division opinion as an “affront” to the states as a result of it denies them the ability to set well being coverage inside their boundaries.

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Kacsmaryk later requested Justice Division legal professional Julie Straus Harris what significance the federal government provides to the arguments of the Republican attorneys common of their transient to the courtroom.

Harris stated the FDA’s dedication that mifepristone is protected and efficient doesn’t impose any obligation on the states or their residents. Fairly, the antiabortion teams who filed the lawsuit are searching for to dictate an abortion coverage that may have an effect on individuals nationwide, she argued.

“However the plaintiffs are those right here who’re attempting to dictate nationwide coverage by asking this courtroom to withdraw the company’s dedication as to security and effectiveness,” Harris informed the choose.

The Alliance for Hippocratic Medication has requested the choose to put aside each main regulatory motion the FDA has taken on mifepristone, together with its approval in 2000. The group is concentrating on the FDA’s 2021 choice to permit mail supply of the capsule, in addition to a 2016 choice to cut back physician’s visits and the 2019 approval of a generic model of mifepristone.



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Texas

Four-Star Recruit Tiki Hola Compares Notre Dame’s Marcus Freeman, Texas Longhorns, USC Trojans

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Four-Star Recruit Tiki Hola Compares Notre Dame’s Marcus Freeman, Texas Longhorns, USC Trojans


The USC Trojans are one of the top destinations for class of 2026 defensive lineman Tiki Hola. He visited USC last season when the Trojans hosted the Penn State Nittany Lions. 

Hola is a four-star recruit out of Bastrop, Texas and is ranked as the No. 30 defensive lineman in his class per 247Sports. He spoke to On3 about the top five schools on his list and he revealed what he looks for in a school.

Dec 27, 2024; Las Vegas, NV, USA; Southern California Trojans head coach Lincoln Riley embraces offensive lineman Kilian O'Co

Dec 27, 2024; Las Vegas, NV, USA; Southern California Trojans head coach Lincoln Riley embraces offensive lineman Kilian O’Connor (67) after the game against the Texas A&M Aggies at Allegiant Stadium. Mandatory Credit: Kirby Lee-Imagn Images / Kirby Lee-Imagn Images

Tiki Hola spoke to On3 on Jan. 12 about the update on his recruitment. Hola posted on his social media that his top five schools are currently the Texas Longhorns, USC Trojans, Oregon Ducks, Notre Dame Fighting Irish, and SMU Mustangs. He plans to announce his commitment decision in July this year. 

Hola talked about what is the biggest factor in his decision.

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“I look at relationships. That’s always what I’ve looked at since my freshman year, since I started my recruiting process…not only does my relationship with the position coach matter, but also having a relationship with the head coach is big for me,” Hola said. “Also, I am looking at the development that a school can give me and how I can become a better person and a better player there.”

The chance to immediately start and play is low on the list of priorities for Hola. 

“The last thing is where I fit on the depth chart and how valuable I feel on the team,” Hola said.

MORE: Dallas Cowboys Interested In USC Trojans Coach Lincoln Riley To Replace Mike McCarthy

MORE: USC Trojans Pushing To Flip Georgia Bulldogs Four-Star Commit Vance Spafford

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MORE: Georgia Bulldogs’ Zachariah Branch’s NIL Valuation After USC Transfer

Nov 30, 2024; Los Angeles, California, USA; Southern California Trojans cheerleaders perform against the Notre Dame Fighting

Nov 30, 2024; Los Angeles, California, USA; Southern California Trojans cheerleaders perform against the Notre Dame Fighting Irish in the second half at United Airlines Field at Los Angeles Memorial Coliseum. Mandatory Credit: Kirby Lee-Imagn Images / Kirby Lee-Imagn Images

Tiki Hola was asked about the visits he’s gone on to his top schools. Here’s what he had to say about his trip to USC.

“My visit to USC was great. I loved seeing all the different cultures and all the different things that they do. USC has a lot of history behind it,“ Hola said. “The stadium was beautiful. The Coliseum was a great environment to be in and the coaches made us feel welcome.”

Hola noted how good of a job the USC coaching staff has done throughout the recruiting process.

“Coach Shaun Nua (USC Defensive End Coach) and Aaron Amaama (USC Personnel Assistant), they’ve done a really good job recruiting me,” Hola said. “The enviroment and culture they have were great. Being able to see everyone in person there was phenomenal, from the facilities to the coaches. They treated us right.”

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Hola also had many good things to say about his other visits to schools, so USC is by no means the front runner. Hola raved about the Longhorns and Fighting Irish.

“The relationship that I’ve built with coach Baker, the defensive line coach there, is great,” said Hola about Texas to On3. “We talk about how valuable I am to them. Coach Baker really makes me feel welcome. He loves to talk to me about my family and loves getting to know me personally… They make me feel welcome. Another thing is Texas is not too far from home.” 

As for Notre Dame, which is competing in the College Football National Championship on Monday, Hola likes the traditions and coaching staff.

“Coach Marcus Freeman, coach Al Golden… and coach Al Washington, they’ve all done a really good job of keeping in touch with me, especially as they’re going on this national championship run,” Holsa said to On3. “They’ve consistently texted me every week about everything that they’re going through in practice for all these big games that they’re heading into… They have great culture, a great history and the development that they’ve had coming into this new year was great.”

Sounds like Hola is still very much weighing his options.

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MORE: USC Trojans Receiver Room Outlook After Transfer Portal Departures: Makai Lemon

MORE: USC Trojans Recruiting Class Soars In Rankings After Running Back Shahn Alston Commit

MORE: Minnesota Vikings Sam Darnold Future With Team Dependent on NFL Playoffs Performance?

MORE: USC Trojans, Lincoln Riley Building Momentum For 2026 Recruiting Cycle



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Texas Southern Makes A Statement In The SWAC After Rocking Jackson State, 69-54

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Texas Southern Makes A Statement In The SWAC After Rocking Jackson State, 69-54


Texas Southern University (5-10, 4-0 SWAC) sent shockwaves through the conference after defeating Jackson State University (5-10, 3-1 SWAC), 69-54, with 927 spectators at Health & Physical Education Arena in Houston, Texas.  

Thursday’s victory for the Lady Tigers of Texas Southern was the first in ten games. TSU had not defeated a Jackson State team since Jan. 21, 2019, at HP&E Arena.  

That was Tomekia Reed’s first visit to Houston as the JSU Tigers head women’s basketball coach.

“Taking care of home and protecting home is obviously important,” Coach Vernette Skeete said in her postgame interview. “I’m really excited to see our fans come out and support us. Some of those lows when they were going on runs and they were stopping us, and hurting our play with the play calls of the fouls and things like that, the fans really got us going and gotten us over the hump and helped us find our juice back. So we were able to stop some of those runs before they got really going. Super excited about the fans tonight.”

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Coach Vernette Skeete

Coach Vernette Skeete / Credit: TSU Athletics

Aylasia Fantroy led with 20 points, six rebounds, two blocks, and a steal in a commanding performance by the TSU Tigers. She has been a great addition to Texas Southern this season.

Deija Holmes was their top rebounder with 8 points. Treasure Thompson contributed 9 points and five rebounds and added three blocks.

“We just want to compete every night. We wanna execute every night. We want to get some of them to their best games, and we still have so much more in their games we’re trying to expand and get to…because we care about more statements they make in the postseason, not really during the season number 4.”

Coach Skeete’s team entered halftime leading, 41-25, with a scoring efficiency of 39.53% from the floor and 3-of-8 from 3-point range.   

The Lady Tigers finished scoring 29-of-69 (42.0%), 3-of-7 in treys, and 61.5% from the free throw line.

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Jackson State struggled with Texas Southern’s defense in the first half, scoring 26.5% and going 1-for-8 from beyond the arc.  

JSU completed the game, going 17-of-65 (26.2%) for the field, 11.1% in three-pointers, and 18-of-29 (62.1%) at the charity stripe.

Texas Southern excelled in the paint, scoring 46 points compared to Jackson State’s 28, with a points off turnovers differential of 16 to 6.  

The TSU Tigers also received 24 points from their bench, while JSU’s bench contributed only 13 points.  

RELATED ARTICLE: TSU Defeats Grambling State In SWAC Opener

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Texas Southern will host Alcorn State at 3 PM CT inside H&PE Arena on Saturday, Jan. 18, before next week’s games against Alabama State (Jan. 23) and Alabama A&M (Jan. 25).

Bowie State Defeats Howard

Bowie State Defeats Howard / Credit: HU Athletics

The Bowie State (9-7, 1-3 CIAA) men’s basketball team achieved a stunning upset defeating Howard (8-10,3-0 MEAC) by a score of 76-73 in front of 2,100 spectators at Burr Gymnasium.

The match was highly competitive as Warren Mouganda led the Bulldogs with 26 points, 8 rebounds, and a steal in the exciting crosstown HBCU showdown.

Justin Morrisey and Victory Noboya each contributed 12 points in the conquest over the Bison.

It’s the second Bowie State win this season against an HBCU Division I program. The Bulldogs beat Hampton 73-71 in the exhibition game this past October.

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Game Highlights

The game was exciting from start to finish, with both teams exchanging leads throughout the contest. Bowie State’s resilience and determination after trailing by two points to Howard at halftime, 42-40.

The Bulldogs shot 46.88% from the floor in the first half but increased their efficiency to 53.57% in the second half. BSU knocked 50% of its shots, drained 45.8% of three-pointers, and hit 71.4% from the charity stripe.

The visitors scored 32 points in the paint and 21 points from turnovers, dominating Howard, who only recorded 22 paint points and 12 points off turnovers.

READ MORE: HBCU Basketball: Bulldogs Stun Bison In A Nail-Biter Upset




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I ate at the only 4 Michelin-starred barbecue joints in Texas, and there's one I can't wait to go back to

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I ate at the only 4 Michelin-starred barbecue joints in Texas, and there's one I can't wait to go back to


  • Michelin Guide expanded to Texas for the first time in 2024, awarding stars to four barbecue spots.
  • La Barbecue, InterStellar BBQ, LeRoy and Lewis Barbecue, and Corkscrew BBQ got Michelin stars.
  • I ordered food at all four spots and found Corkscrew BBQ was my favorite.

Live in Texas long enough, and you’ll inevitably become fluent in barbecue. After all, barbecue joints here feel as numerous as Starbucks locations.

So, it’s perhaps no surprise that the Michelin Guide awarded stars to four barbecue spots in Texas when it expanded to the state for the first time in 2024.

In November, la Barbecue, InterStellar BBQ, Corkscrew BBQ, and LeRoy and Lewis Barbecue each received a Michelin star. All of them are in Austin except for Corkscrew BBQ, which is located in the tiny town of Spring, just north of Houston.

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As a Texas local, I visited all four Michelin-starred barbecue spots to see if they lived up to the hype.





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