In Friday’s blockbuster decision that overturned the constitutional right to an abortion, a line written by Justice Clarence Thomas made legal experts worry over what rights may go next.
Writing separately from the majority opinion, Thomas called on the Supreme Court to apply its legal approach in the abortion case to other rights not laid out in the Constitution. He used as examples three decisions that guaranteed the rights to same-sex relationships, same-sex marriage and contraception.
Thomas wrote that “in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” referring to the cases that established those rights.