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EXCERPT:
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.
