Justice Thomas Wants To Reverse More SCOTUS Precedents

He seeks to reverse rulings on marriage equality, intimacy privacy, and contraception.


Friday, United States Supreme Court Justice Clarence Thomas suggested that the court should revisit past rulings regarding contraception, same-sex marriage, and sodomy following the overturning of Roe v. Wade.

The decision to overturn Roe v. Wade was made Friday in a 5-4 decision. Thomas is currently the longest serving member on the Supreme Court, appointed by former President George H.W. Bush.

Thomas shared his opinion in response to Friday’s ruling. Thomas wrote the court “...should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell."

Griswold v. Connecticut was the ruling from 1965 that meant a state could not ban the use of contraception as it would be a violation of marital privacy. Lawrence v. Texas was a ruling from 2003 in which legalized same-sex intimacy and delegitimized sodomy law across the United States.

One of the most recent rulings that Thomas has set his eyes on is Obergefell v. Hodges from 2015. This case made same-sex marriage legal across the United States and made marriage bans unconstitutional. These three cases focused on Americans and their right to equal protection, due process, and privacy. 

Justice Samuel Alito wrote in response that the court’s focus remained on Roe v. Wade and is not meant to “cast doubt” on other precedents not concerning abortion. The liberal minority in the court, Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor responded to Thomas’ comments.

“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,” wrote Breyer, Kagan, and Sotomayor.

The court is expected to present more rulings on Wednesday. 

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