Griswold v. Connecticut

Griswold v. Connecticut was a Supreme Court decision that eventually laid the foundation for Roe v. Wade.

In it, the SCOTUS found that a married couple had an inherent right to privacy in that they should be able to legally obtain and use contraceptives, which had previously been contrary to Connecticut law (a law that had been sponsored by P.T. Barnum).

The ruling on Griswold v. Connecticut largely invalidated the 1873 Comstock Act, which made it illegal "to advertise or mail anything, including information, related to preventing contraception or producing abortion (as well as outlawing sending 'obscene, lewd or lascivious,' 'immoral,' or 'indecent' publications)." The Comstock Act by then had already fallen "into disuse because of its effect on First Amendment rights — it involves prior restraint by the government on speech." Nonetheless, during the overturning of Roe v. Wade, the Supreme Court ignored Stare decisis in their 2022 ruling on Dobbs v. Jackson Women's Health Organization.

In 2023, Trump-appointed Judge Matthew Kacsmaryk ruled that Mifepristone, one of two long-approved drugs by the FDA that are used for medical abortions, should be banned nationwide. The ruling was based in part on the Comstock Act. The ruling would seem to have been a nod to Clarence Thomas for his stated desire to overturn Griswold v. Connecticut.