The only explanation from the Supreme Court when it announced Friday that mifepristone would remain available while the issue plays out in the court system came from Justice Samuel Alito—and that was a dissent. Writing in a Washington Post column, Jennifer Rubin is among those who find the content of that dissent disturbing, to the extent that legal expert Norman Eisen said it shows Alito has become "unmoored from reason." Experts were shocked, she writes, at an opinion "so lacking in judicial reason and tone." That view could be found elsewhere, too; Forbes, for example, quotes former US attorney Joyce White Vance as saying Alito's criticism of the Biden administration is "unwarranted and completely unbefitting a Supreme Court justice."
Alito opens, Rubin writes, "with an extended, bitter and unnecessary rant about the shadow docket" in which he calls out fellow Justice Amy Coney Barrett. Then he argues there would be no irreparable harm in denying a stay because the administration "has not dispelled legitimate doubts" that it would enforce an order it disagrees with. Alito doesn't say who has such doubts or why. "This unprecedented attack on the government's obedience to court rulings—based on nothing—is out of order," Rubin says. "There is zero evidence," she adds, that the administration "would essentially put itself in contempt of court." You can find Rubin's entire piece here. (More Samuel A. Alito stories.)
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