Thomas, Alito Blast SCOTUS For Helping ‘Undermine’ Dobbs With Abortion Drug Ruling:
‘Louisiana’s [pro-life] efforts have been thwarted by certain medical providers, private organizations, and States that abhor laws like Louisiana’s and seek to undermine their enforcement,’ wrote Justice Alito.
Justices Clarence Thomas and Samuel Alito had some choice words for their Supreme Court colleagues on Thursday over their “remarkable” decision “undermin[ing]” the court’s historic Dobbs decision overturning Roe v. Wade.
The stinging rebukes came in an order the high court handed down to temporarily pause an appellate court ruling that halted a Biden-era FDA rule allowing the mailing of mifepristone to women without an in-person doctor visit. In agreeing to halt the policy, the 5th Circuit Court of Appeals found that the FDA’s “progressive relaxation of mifepristone’s guardrails likely lacked a basis in data and scientific literature,” and noted how the “FDA itself now concedes the regulations were marred by ‘procedural deficits’ and a ‘lack of adequate consideration.’”
While seven justices agreed to temporarily pause the 5th Circuit’s order while litigation in the case continues, Thomas and Alito authored brutal dissents underscoring the illogical nature of their colleagues’ decision.
Thomas said that he would deny the application brought by the dangerous drug’s manufacturers and distributors to pause the appellate court’s order “because they have not satisfied their burden for securing interim relief.” He separately noted his agreement with Louisiana — which challenged the Biden-era rule — that “it is a criminal offense to ship mifepristone for use in abortions.”
“The Comstock Act bans using ‘the mails’ to ship any ‘drug … for producing abortion.’ … A neighboring provision makes it a felony to use ‘any express company or other common carrier or interactive computer service’ to ship ‘any drug … designed, adapted, or intended for producing abortion,’” Thomas wrote. “Applicants ‘[s]hip mifepristone … to certified pharmacies,’ which, in turn, must ‘ship mifepristone using a shipping service’ to users. … As relevant to this case, mifepristone shipped to Louisiana, which bans abortion, causes nearly 1,000 abortions per month. ‘All of this violates the Comstock Act.’”
The Bush 41 appointee went on to note how the mifepristone manufacturers and distributors aren’t entitled to a stay from the court “based on lost profits from their criminal enterprise.” He subsequently concluded that they can’t, “in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes,” and that “whereas it would ‘serve the public interest’ to ‘reduc[e]’ applicants’ ‘opportunity to commit crimes,’ … a stay would have the opposite effect.”
Meanwhile, Alito characterized the court’s “unreasoned order” in the case as “remarkable.” He further admonished the majority for seemingly greenlighting efforts to “undermine” the court’s 2022 Dobbs v. Jackson Women’s Health Organization decision, which “restored the right of each State to decide how to regulate abortions within its borders.” --->READ MORE HERE
Women, Babies At Risk After SCOTUS Authorizes Mail-Order Abortion For Now:
Justice Samuel Alito reprimanded his colleagues by dubbing their “unreasoned order granting stays in this case” as “remarkable.”
Online abortion pill sellers can continue illegally trafficking mifepristone into pro-life states until litigation over a landmark abortion drug lawsuit out of Louisiana is resolved, the Supreme Court ruled on Thursday. The high bench’s grant of mifepristone manufacturers’ emergency appeal endangers women and babies who are not required by the U.S. Food and Drug Administration to receive in-person medical care before or after obtaining abortion pills.
The 5th Circuit Court of Appeals initially paused the FDA’s mail-order abortion permissions when it unanimously granted Louisiana’s request for a stay at the beginning of May. Two days later, the Supreme Court temporarily halted the 5th Circuit’s block.
After hearing briefs from both sides, the Supreme Court ruled seven to two on Thursday evening that mifepristone manufacturers had demonstrated enough of a case for emergency relief from the 5th Circuit’s intervention by claiming “substantial financial interest.” Under this ruling, the radically relaxed abortion pill policies introduced by the Biden administration and allowed to stand under the Trump FDA will remain while the case is further litigated in the 5th Circuit.
SCOTUS may not have weighed in on the merits of the case, but dissenting Justices Clarence Thomas and Samuel Alito did not hold back on chastising the majority for its decision. Thomas, in addition to emphasizing the 5th Circuit’s belief that abortion pill makers “have not satisfied their burden for securing interim relief,” warned that the prevalence of mail-order mifepristone violates the Comstock Act.
“Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise,” Thomas continued. “They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
Alito warned in his dissent that even if the FDA “were to execute an abrupt about-face and commence enforcement of the in-person-dispensing requirement,” mifepristone makers still “have not shown that they would suffer irreparable injury.”
Alito further reprimanded his colleagues by dubbing their “unreasoned order granting stays in this case” as “remarkable.”
“What is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215 (2022), which restored the right of each State to decide how to regulate abortions within its borders,” Alito wrote.
Even more at stake than the sovereignty of states like Louisiana are the babies and women who are at risk of harm and abuse linked to abortion drugs sent by mail. --->READ MORE HERE
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