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Posted on 05/15/2026 7:18:36 AM PDT by Twotone
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.”
“Some States responded to Dobbs by making it even easier to obtain an abortion than it was before, and that is their prerogative. Other States, including Louisiana, made abortion illegal except in narrow circumstances,” Alito wrote. “But Louisiana’s efforts have been thwarted by certain medical providers, private organizations, and States that abhor laws like Louisiana’s and seek to undermine their enforcement.”
In describing medical providers’ and private organizations’ “operation” to ship mifepristone to women in states like Louisiana, Alito noted how the drug’s manufacturers and distributors “are obviously aware” of the efforts to sidestep pro-life protections “yet nevertheless supply the drug and reap profits from its felonious use in [the state].” He additionally highlighted how “[t]his scheme would not have been possible under FDA regulations had the federal government not taken steps” under the Biden administration “to facilitate mail-order abortions.”
The Bush 43 appointee delved into the Trump FDA’s pledge to conduct a study into the “inadequate” safety standards and how the lack of action from the current administration ultimately prompted Louisiana to file its lawsuit “to stop ongoing schemes to subvert its abortion laws.” In doing so, he explained that he would deny the applicants’ request to pause the 5th Circuit’s order “because, as things now stand, the manufacturers have failed to show that they face irreparable injury, without which this Court may not grant a stay.”
“Unless the Fifth Circuit’s order spurs the FDA into moving on its safety review, there is no indication that the Fifth Circuit’s order will adversely affect the manufacturers whatsoever in the near future. All the evidence is to the contrary,” Alito wrote. “So, at present, it is most unlikely that the manufacturers would be at all affected by the Fifth Circuit’s order for quite some time. That could conceivably change if the Fifth Circuit’s order were left in place and the FDA were spurred to speed up its safety review, but our disposition of this application cannot be predicated on the assumption that that will occur.”
Alito conclusively echoed Thomas’ assessment that the “irreparable injury” arguments put forward by mifepristone’s manufacturers and distributors hold no legal weight. He noted that, because their claims do not show “any imminent risk” of harm, “the Court must deny these applications regardless of how they fare on the other stay factors.”
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In other words; a state's law does not exist. What's legal in one state can be mailed to any state.
Every argument a state uses to justify shipping items banned in another state is an argument that same state can't later defend against.
Shipping state:"If it's legal in my state, then it's legal in your state."
Recipient state:"That works both ways."
If one can order abortifacients by mail that are banned in their state, then they can also order alcohol, cigarettes, firearms, normal capacity firearm magazines, knives, bayonets, fireworks, marijuana, psychedlic mushrooms, lottery tickets, etc.
If I told a seller that I intended to buy a knife from them in order to murder someone and they sent it to me anyway, if I then went and murdered someone with that knife, the seller is an accessory to murder.
Since mifepristone has no use other than killing a child and is illegal in Louisiana, the seller in another state is an accessory to murder.
States have passed radical pro abortion laws that are far worse than anything from pre Dobbs days
Supposedly conservative Arizona passed an abortion referendum that is so radical it adds a constitutional amendment that it technically allows infanticide after birth based on the flimsiest pretext
So, according to this Supreme Court stay of allowing abortifacients to be mailed to states where they’re illegal, one can mailorder minors as brides if the state they’re ordering them from allows for under-18 marriages but the recipient state does not.
One of those, “Be careful what you wish for”
Ironically, the Supreme Court, by issuing this stay while reviewing interstate shipping of items banned in others states, has opened the door for Washington DC residents to order belt-fed semiautomatic rifles from other states.
Can we please clone Clarence Thomas about a thousand times, please?
It’s a temporary pause. I’m sure they’re going to review the case next year.
He is great, but he needs to retire with a clone. He’s too old to be at risk of dying on the court. Alito too. Yes they are the best that we have but we can’t risk an RBG scenario.
“Can we please clone Clarence Thomas about a thousand times, please?”
___________________________
YES, PLEASE!!!!!!!!!!!!!!
That’s exactly the problem with big government. The bigger government gets, the more big government benefits big government. So bigger government is benefiting bigger government more than anybody else.
We could end the cycle by officially abolishing departments our outmoded processes. - not by firings and layoffs and departmental mergers which is only rearranging the deck chairs on the titanic.
Abolish.
It’s the only way to be sure.
“Since mifepristone has no use other than killing a child “
Its used in a number of other uses one of them is gastrointestinal.
Also any woman who has a miscarriage has two choices use these pills to expel the pregnancy products or have in patient surgery for a D&C which risks uterine damages. The pills are much safe for miscarriage use than the D&C and is the first choice for 1st trimester miscarriages. Wife had to use the pills 3x first time they worked, the second time she went septic and was hospitalized and had to get the D&C anyways. Third time they worked. Turns out she has a auto immunity disorder and her body will cut off the placental development at 12 weeks like clock work. So yeah there are other uses. You just don’t like one of them. We ended up using high powered immunity suppressants and she was able to carry with the obligatory picture of all the daily injection syringes around the bundle of joy. This was before dobs so access to the pills was go to CVS and use them hope they work so you don’t have to have surgery.
It's sick and twisted and it passed with 63% of the vote.
I am personally acquainted with some of the sociopathic zealots who participated in the drafting of this travesty and they have big plans to use the amendment wording to expand abortion in ways that are truly evil and scary.
The amendment has strong “privacy” provisions that allow the perps to legally act in secret and suppress public scrutiny of exactly what the abortionists are up to.
I know people hate Roberts, but his strategy of slowly rolling back abortion probably would have worked better.
Sure, and while the "temporary pause" is in place, DC residents should be able to order belt-fed rifles through the mail.
Tough to know how many because we live in a very depraved society that degenerated so badly that it actually celebrates abortion which is a modern innovation.
Even back in the days of Moloch infant sacrifice, the parents were making a true offering of sacrifice and it was devastating for most of them.
That may be so, but overturning Roe v Wade was the right decision because the Constitution says nothing about abortion.
And why does it say nothing about abortion? Because when it was written it was completely unthinkable that a woman should be legally allowed to kill her baby.
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