Justice Thomas: SCOTUS ‘should reconsider’ contraception, same-sex marriage rulings
Democrats warned that the court would seek to undo other constitutional rights if it overturned Roe v. Wade, as it did on Friday.
By QUINT FORGEY
Justice Clarence Thomas argued in a concurring opinion released on Friday that the Supreme Court “should reconsider” its past rulings codifying rights to contraception access, same-sex relationships and same-sex marriage.
The sweeping suggestion from the current court’s longest-serving justice came in a concurring opinion he authored in response to the court’s ruling revoking the constitutional right to abortion, also released on Friday.
In his concurring opinion, Thomas, an appointee of President George H.W. Bush, wrote that the justices “should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell” — referring to three cases having to do with Americans’ fundamental privacy, due process and equal protection rights.
Since May, when POLITICO published an initial draft majority opinion of the court’s decision on Friday to strike down Roe v. Wade, Democratic politicians have repeatedly warned that such a ruling would lead to the reversal of other landmark privacy-related cases.
“If the rationale of the decision as released were to be sustained, a whole range of rights are in question. A whole range of rights,” President Joe Biden said of the draft opinion last month. “And the idea [that] we’re letting the states make those decisions, localities make those decisions, would be a fundamental shift in what we’ve done.”
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan echoed those concerns in their dissenting opinion released on Friday, writing that “no one should be confident that this majority is done with its work.”
The constitutional right to abortion “does not stand alone,” the three justices wrote. “To the contrary, the Court has linked it for decades to other settled freedoms involving bodily integrity, familial relationships, and procreation.”
The court’s past rulings in Roe, Griswold, Lawrence, Obergefell and other cases “are all part of the same constitutional fabric,” the three justices continued, “protecting autonomous decisionmaking over the most personal of life decisions.”
The three justices specifically mentioned Thomas’ concurring opinion in their dissent, writing that the “first problem with the majority’s account comes from [Thomas’] concurrence — which makes clear he is not with the program.”
“At least one Justice is planning to use the ticket of today’s decision again and again and again,” the three justices added.
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