In a recent emergency abortion case, the Supreme Court’s conservative supermajority made a decision that has left many anti-abortion activists feeling hopeful. Despite ultimately deciding not to decide, Justice Samuel Alito’s dissent has provided a legal road map for those seeking to further restrict access to abortion in the United States.
The case in question, FDA v. American College of Obstetricians and Gynecologists, centered around the FDA’s restrictions on the distribution of the abortion pill, mifepristone, during the COVID-19 pandemic. The FDA required patients to obtain the pill in person, despite the risks posed by the pandemic, while other medications were allowed to be distributed through mail or curbside pickup. The Supreme Court was asked to intervene and lift the restrictions, but ultimately declined to do so.
However, Justice Alito’s dissent in the case has been hailed by anti-abortion activists as a significant step towards their ultimate goal of overturning Roe v. Wade. In his dissent, Alito argued that the FDA’s restrictions on mifepristone were necessary to protect women’s health and that the Court should defer to the agency’s expertise in this matter. He also suggested that the Court should revisit the issue of abortion rights and potentially overturn Roe v. Wade in the future.
This dissent has been seen as a victory for anti-abortion activists, who have long been pushing for stricter regulations on abortion access. The decision not to intervene in the case may have been a disappointment, but Alito’s dissent has provided them with a clear legal strategy to continue their fight against abortion rights.
One of the key takeaways from Alito’s dissent is the idea of “building blocks” for more extreme bans on abortion. This refers to the concept of gradually chipping away at abortion rights by passing smaller, seemingly innocuous restrictions that, when combined, create significant barriers to access. Alito’s dissent lays out a roadmap for anti-abortion activists to use this tactic in their efforts to restrict abortion even further.
Furthermore, Alito’s dissent also highlights the importance of the conservative supermajority on the Supreme Court. With the recent confirmation of Justice Amy Coney Barrett, the Court now has a 6-3 conservative majority. This has emboldened anti-abortion activists, who see this as an opportunity to push for more extreme restrictions on abortion rights. Alito’s dissent is just the beginning, and it is likely that we will see more cases like this in the future.
However, it is important to note that Alito’s dissent is not a guarantee of success for anti-abortion activists. The Supreme Court has a long history of upholding the right to abortion, and it is not clear if the current Court is willing to overturn Roe v. Wade. In fact, just last year, Chief Justice John Roberts joined the liberal justices in striking down a Louisiana law that would have severely restricted access to abortion. This decision showed that the Court is not entirely aligned with the conservative agenda, and it is possible that they may continue to uphold abortion rights in the future.
Despite this, Alito’s dissent should not be ignored or dismissed. It serves as a reminder that the fight for abortion rights is far from over and that we must remain vigilant in protecting these rights. The Supreme Court’s conservative supermajority may have laid out a roadmap for anti-abortion activists, but it is up to us to push back and ensure that women’s reproductive rights are not eroded.
In conclusion, while the Supreme Court’s decision not to intervene in the FDA v. American College of Obstetricians and Gynecologists case may have been a disappointment for those fighting for abortion rights, Justice Alito’s dissent has provided anti-abortion activists with a clear legal strategy to continue their fight. It is now more important than ever to stand up for women’s reproductive rights and push back against any attempts to restrict them. Let us not forget that the right to choose is a fundamental human right, and we must continue to defend it.
