August 19, 2022

Clarence Thomas wrote a concurring opinion to the majority opinion overturning Roe v. Wade

Supreme Court Justice Clarence Thomas wrote a concurring opinion to Alito’s majority opinion that overturned Roe v. Wade, arguing that the court should overturn another landmark ruling that protected same-sex marriage.

Thomas’s opinion asserted that the court should “correct the error” that protects same-sex marriage and unrestricted access to contraceptives, according to The Washington Examiner.

Having written an opinion in support of Mississippi’s prohibition on abortion beyond 15 weeks of gestation, Justice Samuel Alito’s position on Friday led the high court to reverse the precedent-setting Roe decision.

The Republican-appointed justice Thomas stated in a concurring opinion that the court should also reexamine other instances that are covered by prior due process standards.

“For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote.

“We have a duty to ‘correct the error’ established in those precedents,” the justice said.

Democrats, including President Joe Biden, have expressed concern that the Supreme Court may reverse prior decisions set in accordance with the Constitution’s due process clause as a result of its ruling in Dobbs v. Jackson Women’s Health Organization on Friday.

“Mark my words: They are going to go after the Supreme Court decision on same-sex marriage,” Biden said last month at a Democratic National Committee fundraiser in Chicago, going on to say that Thomas’s writing was evidence the Supreme Court was going down an “extreme and dangerous path.”

“Justice Thomas said as much today. He explicitly called to reconsider the right of marriage equality [and] the right of couples to make their choices on contraception,” Biden said.

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1 month ago

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