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.’”
