Friday, June 24, 2022

Justice Thomas calls for what Justices Alito and Kavanagh deny: The overturning of contraception rights, consensual homosexuality, and marriage equality

In their opinions on the Dobbs case that overturns Roe v. Wade, both Justice Alito and Justice Kavanagh dismiss the point in the dissent by Justices Breyer, Sotomayor, and Kagan that overturning Roe "calls into question Griswold, Eisenstadt, Lawrence, and Obergefell" (the first two are on contraception, the third on consensual homosexuality, the fourth on marriage equality). But in his concurring opinion, Justice Thomas actually does call for those very cases to be reconsidered: "[I]n future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell." Alito and Kavanagh both allude to Loving as well (mixed-race marriage), which is noticeably absent from Thomas's list. (Andrew Shields, #111words, 24 June 2022)

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