Justice Clarence Thomas: LGBTQ+ Rights and Contraception Are Next

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'We should reconsider all of the Court's substantive due process precedents...'

a precedent many believed until recently to be"settled law"—but also opened the door to reversals of other progressive decisions by the court. Specifically, Americans' rights to same-sex intimacy, marriage equality, and contraception. These rights were specifically called out by Justice Clarence Thomas, who argued in a concurring opinion with Friday's ruling that such rights should be"reconsidered." He added that the Supreme Court had a"duty" to do so.

Justice Thomas added:"After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated. For example, we could consider whether any of the rights announced in this Court’s substantive due process cases are 'privileges or immunities of citizens of the United States' protected by the Fourteenth Amendment.

 

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