Samuel Alito Is Fuming That Blue States Outsmarted His Dobbs Decision

"The Supreme Court restored telehealth access to abortion pills on Thursday in an emergency order that provoked seething dissents from Justices Clarence Thomas and Samuel Alito. With just the two noted dissents, the court halted a decision by the 5 th U.S. Circuit Court of Appeals that had prohibited providers across the country from prescribing and mailing mifepristone through telemedicine. Blue states have preserved access to this drug, the first used in a medication abortion, by authorizing their providers to prescribe and mail the pills across state lines."

"At Louisiana's request, the 5 th Circuit had tried to halt this flow from mifepristone into states that criminalize reproductive health care, but SCOTUS has kept the pipeline open-for now. In dissent, Thomas accused these providers of participating in a "criminal enterpr" and argued that the conduct should be treated as criminal rather than eligible for relief from an adverse court order."

"He suggested that abortion providers who mail mifepristone should be thrown in prison rather than granted relief by the Supreme Court. He claimed: "It is a criminal offense to ship mifepristone for use in abortions." And he added that the drug's manufacturers "are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise," because they cannot "be irreparably harmed by a court order that makes it more difficult for them to commit crimes.""

The Supreme Court issued an emergency order restoring telehealth access to mifepristone. The order halted a Fifth U.S. Circuit Court of Appeals decision that had barred providers nationwide from prescribing and mailing mifepristone through telemedicine. Blue states maintained access by authorizing providers to prescribe and mail the pills across state lines. Louisiana sought to stop the flow of mifepristone into states that criminalize reproductive health care, but the Supreme Court kept the pipeline open for now. In dissent, Justice Clarence Thomas argued that shipping mifepristone for abortions is a criminal offense and characterized providers and manufacturers as engaged in a criminal enterprise. He asserted they were not entitled to relief based on lost profits and irreparable harm.

Read at Slate Magazine