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''United States v. One Package of Japanese Pessaries'', 86
F.2d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by W ...
737 ( 2d Cir. 1936) (often just ''U.S. v. One Package''), was an ''
in rem ''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdi ...
''
United States Court of Appeals United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two fi ...
case in the
Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juris ...
involving
birth control Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
.


Background

In 1873 Congress adopted the
Comstock Act The Comstock laws were a set of federal acts passed by the United States Congress under the Grant administration along with related state laws.Dennett p.9 The "parent" act (Sect. 211) was passed on March 3, 1873, as the Act for the Suppression of ...
, which prohibited the importation or mailing of "obscene matter". The law's definition of obscene matter included
contraceptive Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
s or information about contraception. In the 1930s,
Margaret Sanger Margaret Higgins Sanger (born Margaret Louise Higgins; September 14, 1879September 6, 1966), also known as Margaret Sanger Slee, was an American birth control activist, sex educator, writer, and nurse. Sanger popularized the term "birth control ...
and the
National Committee on Federal Legislation for Birth Control The National Committee on Federal Legislation for Birth Control was a birth control lobbying organization set up in 1929 in Chicago by Margaret Sanger and the Illinois Birth Control League. The organization was set up into four regional sections. ...
lobbied Congress to revise this law, but were unsuccessful.


The case

Dr. Hannah Stone, at one of Sanger's clinics, ordered a new type of diaphragm (a
pessary A pessary is a prosthetic device inserted into the vagina for structural and pharmaceutical purposes. It is most commonly used to treat Stress incontinence, stress urinary incontinence to stop urinary leakage and to treat pelvic organ prolapse to ...
) from a Japanese physician to be shipped from
Tokyo Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.468 ...
to the United States. Upon arrival in the United States the shipment was seized and confiscated under the
Tariff Act of 1930 A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and polic ...
, which had incorporated the anti-contraceptive provisions of the Comstock Act. A lower court ruled against the government. When the government appealed to the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
, the appellate court affirmed the lower court's ruling. The appellate court held that the law could not be used to intercept shipments which originated from a doctor. Judge
Augustus Noble Hand Augustus Noble Hand (July 26, 1869 – October 28, 1954) was a United States district judge of the United States District Court for the Southern District of New York and later was a United States Circuit Judge of the United States Court of Appeals ...
wrote, in his decision:


See also

*
Birth control movement in the United States The birth control movement in the United States was a social reform campaign beginning in 1914 that aimed to increase the availability of contraception in the U.S. through education and legalization. The movement began in 1914 when a group of po ...


References


External links

* Birth control law and case law United States Court of Appeals for the Second Circuit cases United States reproductive rights case law United States civil forfeiture case law 1936 in United States case law Birth control in the United States United States in rem cases Barrier contraception Japan–United States relations {{italictitle