Clarence Thomas Blasts Supreme Court For Refusing To Overturn Abortion Clinic Speech Ban

Justice Clarence Thomas condemned the Supreme Court for declining to hear challenges to laws that restrict pro-life speech outside abortion clinics. The decision leaves in place regulations that prevent activists from approaching women seeking abortions.

The cases centered around ordinances in Carbondale, Illinois, and Englewood, New Jersey, which prohibited pro-life counselors from handing out materials, protesting, or offering alternative options within specific distances of clinic entrances. Though Carbondale repealed its law in 2024, the Englewood ordinance remains in effect.

Thomas, joined in dissent by Justice Samuel Alito, expressed frustration that the court refused to review Hill v. Colorado, a 2000 case that upheld similar restrictions. He stated that Hill contradicts First Amendment protections and should have been overturned following the court’s 2022 Dobbs decision, which removed federal protections for abortion.

“The court today declines an invitation to set the record straight on Hill’s defunct status,” Thomas wrote. He noted that pro-life sidewalk counselors were forced to stand far away, often in unsafe areas, making it difficult to communicate their message effectively.

While the Supreme Court did not explain its decision to reject the case, Thomas argued that the refusal allows lower courts to continue enforcing unconstitutional restrictions on pro-life speech.

Buffer zones remain a controversial issue, with critics arguing that they silence one side of the abortion debate while allowing abortion supporters to protest freely near clinics.