Justices Thomas and Alito Have been Proper. Mail-Order Abortions are Unlawful

The Supreme Court may have allowed for the mail distribution of Chemical Abortion Pills, but two of its justices aren’t letting them do it in peace — and they’re practically quoting Students for Life of America’s (SFLA) messaging.

On May 14, the Supreme Court decided to allow for the mass telehealth prescription and mail trafficking of Chemical Abortion Pills to continue while Louisiana’s case against the Food and Drug Administration (FDA) for allowing the dangerous practice rolls ahead.

The only two dissenting justices were Justices Clarence Thomas and Samuel Alito, the latter of which had previously stopped the pause on death-by-mail while the Court reviewed its legality.

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The two justices didn’t hold back their hatred for death-by-mail.

Alito explains the matter in his dissent, writing:

The Court’s unreasoned order granting stays in this case is remarkable. What is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215 (2022), which restored the right of each State to decide how to regulate abortions within its borders. Some States responded to Dobbs by making it even easier to obtain an abortion than it was before, and that is their prerogative. Other States, including Louisiana, made abortion illegal except in narrow circumstances… But Louisiana’s efforts have been thwarted by certain medical providers, private organizations, and States that abhor laws like Louisiana’s and seek to undermine their enforcement.

Alito acknowledged the problem of Shield Laws, which pro-abortion states use to protect Chemical Abortion Pill trafficking prescribers from facing the consequences of their illegal actions.

… One might think that Louisiana could stop or impede this out-of-state interference in its law enforcement by bringing civil actions or criminal charges against the participants in this scheme. But States have effectively blocked these efforts by enacting so-called “shield laws,” which prevent Louisiana from visiting any adverse legal consequences on the perpetrators…. As a result, more abortions now occur each month in Louisiana than they did before Dobbs…. By one count, nearly 1,000 abortions occur there each month…. This scheme would not have been possible under FDA regulations had the Federal Government not taken steps in 2021 and 2023 to facilitate mail-order abortions.

Justice Clarence Thomas shot down Chemical Abortion Pill mifepristone creator Danco Laboratories’ claim that they would face serious harm from the pause of death-by-mail.

Justice Thomas echoed SFLA’s call that these actions violate the Comstock Act, an active law which makes it illegal to mail Chemical Abortion Pills. Thomas’ logic is clear: Danco cannot cry to the courts because they can’t commit crimes.

“Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise,” wrote Justice Alito. “They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”

SFLA submitted an amicus brief in this case, which pointed to this lack of oversight and missed requirements in the approval of mifepristone by the FDA that enabled the criminal enterprise. SFLA has also called on the Trump administration to enforce the Comstock Act to stop the illegal trafficking of Chemical Abortion Pills, including delivering thousands of petitions from concerned citizens to the Department of Justice.

Meanwhile, Students for Life Action (SFLAction) also recently saw its model legislation, the “Anti-Chemical Abortion Pill Trafficking Act,” passed into law in Oklahoma to address this very issue.

The Pro-Life Generation is driving the conversation on Chemical Abortion Pills, so much so even the Supreme Court of the United States cannot ignore it. Students for Life will not stop until abortion is an unthinkable horror of the past.

LifeNews Note: Olivia D’Angelo writes for Students for Life Action, where this column originally appeared.