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"Will no one rid me of these turbulent judges?"
Uploaded by Set May 06, 2022 at 12:17AM EDT
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Origin Entry: 2022 Supreme Court Overturning of Roe v. Wade
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2022 Supreme Court Overturning of Roe v. Wade - "Will no one rid me of these turbulent judges?"
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![Matt Ford @fordm In a solo concurring opinion, Thomas says the court should reconsider rulings that protect contraception, same-sex relationships, and same-sex marriage. Cite as: 597 U. S. (2022) 3 THOMAS, J., concurring 381 U. S. 479 (1965) (right of married persons to obtain con- traceptives)*; Lawrence v. Texas, 539 U. S. 558 (2003) (right to engage in private, consensual sexual acts); and Oberge- fell v. Hodges, 576 U. S. 644 (2015) (right to same-sex mar- riage), are not at issue. The Court's abortion cases are unique, see ante, at 31-32, 66, 71-72, and no party has asked us to decide "whether our entire Fourteenth Amend- ment jurisprudence must be preserved or revised," McDon- ald, 561 U. S., at 813 (opinion of THOMAS, J.). Thus, I agree that "[n]othing in [the Court's] opinion should be under- stood to cast doubt on precedents that do not concern abor- tion." Ante, at 66. 19 For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents, includ- ing Griswold, Lawrence, and Obergefell. Because any sub- stantive due process decision is "demonstrably erroneous," Ramos v. Louisiana, 590 U. S. (2020) (THOMAS, J., concurring in judgment) (slip op., at 7), we have a duty to "correct the error" established in those precedents, Gamble v. United States, 587 U. S. (2019) (THOMAS, J., con- curring) (slip op., at 9). After overruling these demonstra- bly erroneous decisions, the question would remain whether other constitutional provisions guarantee the myr- iad rights that our substantive due process cases have gen- erated. 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. Amdt. :](https://i.kym-cdn.com/photos/images/list/002/392/454/11f.png "Justice Clarence Thomas Suggests Overturning Gay Marriage")
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