The Supreme Court’s made a mistake. And only one man is willing to call it out.
And now Justice Clarence Thomas has humiliated his fellow justices by asking this one question.
Over the past few years, the U.S. Supreme Court has been extremely busy. It seems like every month there’s a new major case that is being brought before the High Court that has major implications for American government, society, living, and even the economy.
Just consider how the U.S. Supreme Court has handed down rulings with major implications for issues such as abortion, the rights to keep and bear arms, immigration, states’ rights, executive overreach, congressional budget appropriation, and even presidential election eligibility being questioned by rogue state officials and state institutions.
Donald Trump’s three nominations and confirmations to the High Court bench no doubt has had an impact that can’t be overstated on all of these cases, and that has the political Left losing their minds every time a decision is handed down that doesn’t go exactly their way.
The best example of this has to be the Dobbs case as it pertained to the issue of abortion. The Dobbs 6-3 ruling effectively overturned the 1973 Roe v. Wade ruling that was on shaky legal grounds for decades. When Dobbs was decided, immediately the Left became as radical as ever and started claiming that the U.S. Supreme Court was “illegitimate” and that the rest of the federal government should ignore the ruling entirely. It wasn’t just pink-haired feminists on college campuses saying this either. House Democrats like Alexandria Ocasio-Cortez were agreeing with this idea of ignoring the Supreme Court’s ruling.
The Dobbs ruling didn’t even outright outlaw abortion entirely, as some Leftists would have you believe. It simply sent the issue back to the states to handle rather than being an exclusively federalized issue.
In the wake of Dobbs, the Left started turning to alternatives to make sure they prey on the innocent boys and girls in the womb even in states where abortion has been made illegal like Tennessee. The solution? Push harder for women to get mail-in abortions where pregnant women can just take an abortion pill, in many cases without even consulting a doctor, and end the life of the baby in their womb. These types of abortions are commonly referred to as chemical abortions.
The Food and Drug Administration (FDA) struck down regulations of the abortion pill back in 2016 and 2021 and made it easier for women to get the pill like candy. But in 2023 a federal judge ruled that the FDA broke the law by putting women in danger after not properly considering the dangerous side effects that can pop up as a result of taking the abortion pill.
This injunction against the FDA was met with virtually a million legal attacks and it became very clear that the United States Supreme Court would need to hear this extremely messy matter once and for all. Today, that case is being heard by the Supreme Court Justices.
Initial reports indicate that the justices are skeptical that there’s a good legal reason to defy the FDA’s 2016 and 2021 loosening of regulations of the abortion pill.
The Daily Caller News Foundation reports:
During oral arguments in FDA v. Alliance for Hippocratic Medicine, the justices questioned whether doctors’ claims to harm were sufficient to justify their challenge to the agency’s removal of regulations on the abortion drug mifepristone in 2016 and 2021. The OB/GYNs and emergency room doctors who brought the case argue that women are more likely to require medical treatment as a result of removing safety standards, putting them in a position where they may have to surgically finish an incomplete chemical abortion in violation of their conscience to address complications.
Naturally, the “liberal” justices were quick to defend the abortion pill as a “precedent” that is “helpful” for women, even if that claim isn’t exactly true. The abortion pill has negative health side effects on women far more often than traditional “surgery” abortions.
Samuel Alito and Ketanji Brown Jackson were seemingly more of the opinion that even if the FDA had made an error in loosening restrictions of the abortion pill in 2016 and 2021, the impact on women not having access to the abortion pill is more important.
But the real winner of the day was Supreme Court Justice Clarence Thomas who asked a question that no one saw coming. The question was about an obscure law that originated in 1873. That law is the Comstock Act.
The Comstock Act is an important law in American legal precedence that makes it illegal for anyone to mail any devices that are designed to be used for abortions. Obviously that looked very different in 1873, but the principle is actually fairly clear even with technological advancements.
In Clarence Thomas’ initial opinion, the Comstock Act might very well apply here. “The statute doesn’t have this sort of safe harbor that you are suggesting,” Thomas first said regarding the Comstock Act.
Then he said that there’s no carve out for drugs either, in fact the Comstock Act’s legal precedence includes drug proliferation as well. “It specifically covers drugs such as yours,” Justice Thomas continued to say.
It wasn’t quite clear where Justices Amy Barrett, Neil Gorsuch, and Brett Kavanaugh were leaning on the matter. The Supreme Court, at this time, is expected to rule on the case before the end of their term in June, though it’s possible they take the case into the next term.
The Conservative Column will keep you updated on any major U.S. Supreme Court news.
