Thomas said the idea that the constitutional clause that guarantees only “process” for depriving a person of life, liberty or property cannot be used “to define the substance of those rights.”
While Thomas said that he agreed that nothing in the Roe-related ruling Friday “should be understood to cast doubt on precedents that do not concern abortion … in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”
“Because any substantive due process decision is ‘demonstrably erroneous’ … we have a duty to
‘correct the error’ established in those precedents,” Thomas added.
In a furious dissent to Friday’s ruling, the Supreme Court’s three liberal justices pointed to Thomas’ concurring opinion as one of several dangers to individuals’ rights that flowed from the decision.
“We cannot understand how anyone can be confident that today’s opinion will be the last of its kind,” wrote the liberals, justices Stephen Breyer, Elena Kagan and Sonia Sotomayor,
“The first problem with the majority’s account comes from Justice Thomas’s concurrence — which makes clear he is not with the program,” the dissent said.
“In saying that nothing in today’s opinion casts doubt on non-abortion precedents, Justice Thomas explains, he means only that they are not at issue in this very case,” the liberals continued.
“But he lets us know what he wants to do when they are. ‘[I]n future cases,” he says, ‘we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.’ ” the dissent noted.
“And when we reconsider them? Then ‘we have a duty’ to “overrul[e] these demonstrably erroneous decisions.’ “
“So at least one Justice is planning to use the ticket of today’s decision again and again and again,” the dissent said.
Article source: https://www.cnbc.com/2022/06/24/roe-v-wade-supreme-court-justice-thomas-says-gay-rights-rulings-open-to-be-tossed.html