WASHINGTON, D.C – Now that the Supreme Court has decided to revoke federal abortion protections, the legal mechanics through which they made this decision have some worried that they could apply that reasoning to other landmark cases.
At least one Supreme Court Justice is already looking ahead.
In his concurring opinion on the ruling, Justice Clarence Thomas wrote that while today’s decision in Dobbs v. Jackson only impacts abortion, he argued for reflection on other cases that use the precedent of the quote “substantive due process”.
He then names three cases that could be re-examined with the new legal framework the court has taken on abortion rights: Griswold, Lawrence, and Obergefell.
Those cases provide constitutional rights to contraception, gay-sex, and gay marriage respectively.
That has activists sounding the alarm that the supreme court could revoke those federal protections. Doing so would leave those decisions up to state governments.