The Supreme Court that erased a constitutional right to abortion 10 months ago took a breath on Friday.
In a brief order, over only two publicly dissenting justices, the majority preserved the current law and present-day access to medication abortion. That is the predominant method, in contrast to surgical abortion, used by women in the US seeking to end a pregnancy in the early stages.
The majority separated itself from individual lower court judges – all appointees of former President Donald Trump – who this month had demonstrated a zeal to further reduce access to abortion across the country.
The Supreme Court’s order Friday night reflected a willingness to step back – at least for now – in the dispute that tests the US Food and Drug Administration’s expertise, as well as the premise of the court’s own decision last June that individual states may make their own determinations on the legality of abortion.
Clarence Thomas and Samuel Alito were the only justices who noted their dissent, and Alito, alone, explained his view.
Alito, the author of last June’s decision reversing the 1973 Roe v. Wade, derided the Biden administration’s warnings about the regulatory chaos that would arise if the abortion drug was suddenly restricted.
He also claimed that “the Government has not dispelled legitimate doubts that it would even obey an unfavorable order,” an assertion that was outright contrary to Biden administration officials’ comments that they would follow court orders even as they continued to appeal.
No other justice signed onto Alito’s four-page statement.
Last June, the Alito majority emphasized the role of individual states in the abortion rights dilemma. “It is time to heed the Constitution and return the issue of abortion to the people’s representatives,” Alito had written…
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