1936) (often just U.S. v. One Package), was an in rem United States Court of Appeals case in the Second Circuit involving birth control.
In the 1930s, Margaret Sanger and the National Committee on Federal Legislation for Birth Control lobbied Congress to revise this law, but were unsuccessful.
Dr. Hannah Stone, at one of Sanger's clinics, ordered a new type of diaphragm (a pessary) from a Japanese physician to be shipped from Tokyo to the United States.
[2] Judge Augustus Noble Hand wrote, in his decision: While it is true that the policy of Congress has been to forbid the use of contraceptives altogether if the only purpose of using them be to prevent conception in cases where it would not be injurious to the welfare of the patient or her offspring, it is going far beyond such a policy to hold that abortions, which destroy incipient life, may be allowed in proper cases, and yet that no measures may be taken to prevent conception even though a likely result should be to require the termination of pregnancy by means of an operation.
It seems unreasonable to suppose that the national scheme of legislation involves such inconsistencies and requires the complete suppression of articles, the use of which in many cases is advocated by such a weight of authority in the medical world.