Mifepristone to remain accessible over the dissent of two misogynist septuagenarians

Good news on balance, even if it is disturbing to see Thomas lay out his plan to make the Comstock Act Great Again in writing:

The Supreme Court missed its own 5 p.m. deadline today, allowing a Fifth Circuit ruling targeting mifepristone-by-mail to briefly go into effect. But around 5:30, the Court granted the emergency stay requested by mifepristone manufacturers Danco and GenBioPro. That means abortion pills can continue to be sent by mail while the case works its way back through the lower courts.

The Justices didn’t give an explanation for the decision, or the vote count—just the order itself. What we do know is that Justices Clarence Thomas and Samuel Alito dissented, doing pretty much exactly what you’d expect—laying out how anti-abortion activists and lawyers should come after mifepristone next: Thomas pointed to the Comstock Act, and said mifepristone manufacturers weren’t entitled to a stay “based on lost profits from their criminal enterprise.” (Asshole.) Alito said the companies hadn’t met the legal bar for a stay, and—incredibly—called telemedicine abortion “a scheme to undermine our decision in Dobbs.” (Also an asshole.)

I offer you the day the self-awareness died:

The Supreme Court changing the underlying legal baseline with an unreasoned order? WELL I NEVER!

To follow up on Jessica’s point, I would also add that making mifepristone available through telehealth “undermines” Dobbs only if the holding was not that the Constitution was silent on abortion but that the Constitution is hostile toward abortion. Louisiana has never had any jurisdiction over the federal drug approval process.

Alas, the Trump administration is likely to move policy in a direction Alito will find more pleasing:

My take? The FDA is sending a message to the anti-abortion movement: hold tight, the bogus “safety review” of mifepristone is coming. Especially given the new interim FDA chief, who—Reproductive Freedom for All president Mini Timmaraju reminded me—got on the phone with anti-abortion activists this week to assure them he’s on their side!

So let’s take tonight to be relieved: abortion pill access stays the same for right now, and that’s amazing. (Also amazing: anti-abortion activists are pissed off.) But let’s not lose sight of the fact that this is conservatives’ way of kicking the can down the road, and we still have lots of work to do.

I would agree with all of that.