rationalskepticism.org

In an opinion concurring with his conservative colleagues on the Supreme Court to overturn the fundamental right to an abortion, Justice Clarence Thomas wrote on Friday that striking down Roe v. Wade should also open up the high court to review other precedents that may be deemed “demonstrably erroneous.”

Among those, Thomas wrote, was the right for married couples to buy and use contraception without government restriction, from the landmark 1965 ruling in Griswold v. Connecticut.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote on Page 119 of the opinion in Dobbs v. Jackson Women’s Health, also referring to the rulings that legalized same-sex relationships and marriage equality, respectively. “Because any substantive due process decision is ‘demonstrably erroneous’ … we have a duty to ‘correct the error’ established in those precedents.”

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