Clarence Thomas Played Prosecutor From the Supreme Court Bench

Added: 2026-05-28

[00:00:00]goes on to say, "Enabling provisions that act makes a felony to use any express company or other common carrier for any drug designed, adapted, or intended for producing abortion." So, he's back to the citing the Comstock Act and why it may be legal. But, he goes a little step further, and he says that, quote, "As relevant to this case, the drug is shipped to Louisiana, which bans abortion, causes nearly 1,000 abortions per month. All this violates the Comstock Act, etc." Here is the key, Justice Thomas writes, "Applicants are not entitled to a stay of an adverse court ruling based on lost profits for their criminal enterprise.

[00:00:38]They cannot, in any legally relevant sense, be irreparably harmed by court order that makes it more difficult for them for them to commit crimes. It would serve the public interest to reduce applicants' opportunities to commit crimes. Let's break that down.

[00:00:52]First, this is not a criminal case. DOJ hasn't prosecuted anything under Comstock Act for what, like a century or more or more, if ever.