Backed only by Justice Clarence Thomas, Alito's dissent evoked the charge that President Joe Biden may not have honored a ruling by the court that was unfavorable to the administration's position. As it was, an unknown majority on the Court decided to maintain availability of the widely-used medication, a relief—even if temporary—for reproductive rights defenders nationwide.
After one legal expert called the portion of Alito's dissent challenging the hypothetical actions of Biden "unwarranted and completely unbefitting a Supreme Court Justice," Ocasio-Cortez chimed in to say that the administration, had it been necessary, would have been right to have the FDA ignore a Court ruling that barred access to a legitimately approved drug used safely by millions each year.
"The court," said Ocasio-Cortez, "has devolved into a highly politicized entity that is rapidly delegitimizing. Open discussion of checking the court's abuse of power and defying Kacsmaryk possibly contributed to pause/consideration."
Ahead of the high court's ruling on Friday, many advocates and lawmakers—including the New York Democrat—had called on Biden and the FDA to ignore the lower-court ruling of U.S. District Court Judge Matthew Kacsmaryk, a far-right ideologue in Texas and Trump appointee.
"The court is a political entity currently engaged in overreach and abuse of power," the congresswoman said in her Friday night rebuke. "In our system of checks and balances, SCOTUS’s reckless behavior warrants a check from the leg + executive branches. This is not unprecedented, it’s how our system is designed to avert tyranny."
Dante Atkins, a progressive political strategist and former congressional staffer, said Ocasio-Cortez's assessment was correct.
"The only people still pretending that the court is legitimate are a handful of Boomer Dems," Atkins tweeted. "Both MAGA and most younger Dems recognize what it is: an unelected partisan super-legislature."