Leftists lost their minds when the Supreme Court overturned Roe v. Wade.
But Dobbs v. Jackson Women’s Health is just the beginning.
And now Clarence Thomas just hit Democrats with a huge warning about what is coming next.
In Dobbs, Justice Alito’s majority opinion ruled there was no right to an abortion laid out in the Constitution, returning the issue to the states.
This decision was an explicit rebuke of the notion of “substantive due process,” which the Warren Court invented in the 1960s to justify a series of left-wing decisions.
In a concurring opinion, Justice Thomas argued that the Court should use the precedent in Dobbs to overrule other wrongly decided cases based on substantive due process.
Among them were cases that established a right to homosexual sex, homosexual marriage, and birth control.
Justice Thomas wrote that “in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”
Justice Thomas added that since the doctrine of substantive due process had no basis in American constitutional law, the Court must correct every error made by previous precedents.
“Because any substantive due process decision is ‘demonstrably erroneous,’ […] we have a duty to ‘correct the error’ established in those precedents,” Justice Thomas added.
Justice Thomas added that overturning previous cases would not necessarily mean the end of legal birth control or homosexual marriage, but that it would be up to the Court to determine if there were actual constitutional provisions that afforded these rights.
“After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated,” Justice Thomas continued.
The majority opinion – drafted by conservative Justice Samuel Alito – stated on multiple occasions that the Court would not use the precedent set by Dobbs to go after other left-wing decisions that conservatives believe were wrongly decided.
Clarence Thomas’ opinions have a way of eventually turning into majority rulings.
In 1992, Thomas was in the minority in the case of Planned Parenthood v. Casey, the vehicle by which conservatives sought to overturn Roe v. Wade.
Instead, Justices Anthony Kennedy, Sandra Day O’Connor, and David Souter – all appointed by Republican Presidents – committed a massive betrayal and formed a majority with three left-wing Justices to uphold Roe in a decision that pro-abortion forces thought settled the matter forever.
And while right now there are not five votes to overturn cases wrongly establishing a right to homosexual marriage and other substantive due process rights, Clarence Thomas has a way of eventually pulling the Court in his direction.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.