In a concurring opinion delivered Friday, Thomas suggested that the logic used by the court's conservative majority to overturn Roe v. Wade and Planned Parenthood v. Casey could signal similar outcomes for cases that recognized other personal rights.
, Justice Clarence Thomas urged his colleagues to reevaluate other landmark cases protecting contraceptive access, same-sex relationships and same-sex marriages.
Thomas argued that since the majority ruled that the right to abortion"is not a form of 'liberty' protected by the Due Process Clause" of the 14th Amendment, the same reasoning should apply more broadly. "Rights regarding contraception and same-sex relationships are inherently different from the right to abortion," Alito wrote,"because the latter uniquely involves what Roe and Casey termed 'potential life.'"
Even so, Thomas's opinion spotlights a legal argument for how the court's ruling on Roe and Casey could undermine the constitutional frameworks of cases like Griswold, Lawrence and Obergefell. "No one should be confident that this majority is done with its work," wrote Justices Sonia Sotomayor, Elena Kagan and Stephen G. Breyer in their dissent.
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