According to Justice Thomas, the Supreme Court should reconsider its decisions on same-sex marriage and contraception.
Posted on 27.6.2022 by Jack Phillips
Supreme Court Justice Clarence Thomas wrote on Friday that the high court should review decisions relating to the contraceptionsame-sex relations and marriage between persons of the same sex, assuming in its name this opinion, attacking the judgment Roe v. wade.
The Republican-appointed judge argued that the Supreme Court should revisit other issues that have set precedents in previous proceedings.
“I write separately to insist on a second, more fundamental reason why abortion is not guaranteed in a hidden way in the Due Process clause. [droit à un procès équitable] »Judge Thomas wrote. “History is replete with a considerable body of evidence indicating that the ‘Due Process of Law’ [l’obligation à une procédure régulière] hardly requires executive and judicial actors to abide by statutes or the common law when it comes to depriving a person of life, liberty or property. »
With the decision taken on Friday, the “court generally refuses to interfere with the substantive jurisprudence of official proceedings or the application of this doctrine in other specific contexts”he also wrote (pdf), adding that cases such as Griswold v. Connecticut (giving married people the right to obtain contraceptives) as well as Lawrence v. Texas (granting the right to engage in any type of consensual sex act in private) and Obergefell v. Hodges (allowing same-sex marriage) should be reconsidered.
I agree that “nothing in the opinion [de la Cour] should cast doubt on precedents that do not relate to abortion”he added, quoting the majority opinion expressed Friday by Judge Samuel Alito.
Nonetheless, the court argued that based on this precedent, “In future cases, we will have to reconsider all substantive issues of this Court related to due process precedents, including Griswold, Lawrence and Obergefell”.
The 6-3 ruling upheld Mississippi’s 15-week abortion ban, which directly violated the requirement of Roe v. Wade that states must allow abortion up to the point of fetal viability, approximately 24 weeks. The ruling also overturned Planned Parenthood v. Casey of 1992 which reaffirmed Roe.
“The Roe judgment had glaring errors from the start”wrote Judge Alito on behalf of the majority, reversing two historic decisions. “His reasoning was really insufficient, and this decision had damaging consequences. And far from providing a national solution to the abortion issue, Roe and Casey have inflamed the debate and deepened divisions. »
“It is time to heed the Constitution and return the issue of abortion to the elected representatives of the people”he continued.
As the decision echoed across Washington, crowds of pro-life activists, who had gathered outside the US Supreme Court building for days, exploded in joy.
” I am so excited “said Emma Craig, 36, of Pro Life San Francisco. “Abortion is the greatest tragedy of our generation and in 50 years we will look back in shame on the 50 years that passed under Roe v. Wade ».
The Mississippi law had been blocked by trial courts because it violated Supreme Court precedents on abortion rights. Abortion will likely remain legal in Democratic-led states.
More than a dozen states currently have laws protecting the right to abortion. In contrast, in recent years many Republican states had adopted abortion restrictions in defiance of the Roe ruling.