Supreme Court Justices Clarence Thomas and Samuel Alito are once again standing firm as defenders of the Constitution, blasting their fellow justices for what they described as a “remarkable” decision that undermines the court’s historic Dobbs ruling, which finally overturned Roe v. Wade.
In a sharp rebuke issued Thursday, Thomas and Alito criticized the Supreme Court’s move to temporarily block an appellate court ruling that had halted a Biden-era FDA policy allowing abortion pills to be mailed to women without an in-person doctor visit.
The case centers around mifepristone, the controversial abortion drug that the Biden administration aggressively pushed to make more accessible — because apparently mailing powerful drugs through the system with fewer safeguards is now considered “progress.”
The 5th Circuit Court of Appeals had previously ruled against the FDA policy, finding that the agency’s “progressive relaxation” of safety rules surrounding mifepristone likely lacked proper scientific backing. The appellate court also pointed out that even the FDA itself admitted the regulations suffered from “procedural deficits” and inadequate review.
That alone should probably raise a few eyebrows. But in modern Washington, admitting mistakes somehow becomes the justification for continuing them.
Thomas and Alito made it clear they believe the Supreme Court’s intervention risks weakening the impact of Dobbs, the landmark ruling that returned abortion policy decisions back to the states and the American people where they belong.
For years, conservatives fought to restore constitutional limits after Roe v. Wade turned the judiciary into a national legislature on abortion. Dobbs was supposed to end that era. But critics now argue that allowing federal agencies to quietly expand abortion access through administrative policies creates a backdoor way of bypassing the spirit of the ruling.
And once again, it’s Thomas and Alito willing to say out loud what many Americans are already thinking.
While the legal battle over abortion pills is far from over, the fight also highlights something bigger: there are still constitutional conservatives on the Supreme Court willing to push back when government agencies overstep their authority. And for millions of pro-life Americans, that fight is worth continuing.
