Roe v. Wade

After Striking Down Roe, Supreme Court Justice Threatens to Go After Contraception, Same-Sex Marriage, and Bring Back Sodomy Laws

Clarence Thomas wants all of these landmark decisions “reconsidered.”
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The Supreme Court of the United States at night. (Photo by James Leynse/Corbis via Getty Images)James Leynse/Getty Images

On Friday morning, in a move the right has been gunning for for decades, the Supreme Court struck down Roe v. Wade, gutting nearly 50 years of precedent and taking away a woman’s right to make decisions about her own body. As a result, abortions will be severely restricted or completely outlawed in nearly half the country. Obviously, it’s impossible to overstate the consequences of this move, which will directly lead to people dying. But the Supreme Court’s conservatives don’t care and not only that? One of them has indicated that even more rights are on the line.

In a terrifying concurring opinion to Dobbs v. Jackson Women's Health, the case the court used as a pretext to overturn Roe, Justice Clarence Thomas wrote that now that the court’s conservative goon squad has done away with the national right to an abortion, it should think about scrapping the rulings that protect contraception, same-sex marriage, and same-sex sexual activity. Arguing that all decisions that previously fell under “due process precedents”—a concept he claims is an “oxymoron” that “lack[s] any basis in the Constitution”—are bunk, Thomas writes: “For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Griswold was the landmark decision in which the court said that the Constitution protects the right of married couples to buy and use contraception. Lawrence, which struck down a Texas sodomy law, made same-sex sexual activity legal. Obergefell said same-sex couples have the legal right to marry.

Many will claim that the idea that the court will reverse these rulings is hysterical and ridiculous—which is the same thing many people said when those who saw the writing on the wall warned Roe was on the chopping block. (In fact, in his opinion overturning the 1973 decision, Samuel Alito called such fears “unfounded.”)

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On Friday, Mitch McConnell, the man who helped make all this happen, cheered the court’s decision, calling it “courageous and correct” and an “historic victory for the Constitution and for the most vulnerable in our society.” He did not appear to have anything to say about the even grimmer reality that’s yet to come.

Just in case anyone was unclear here

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Apparently lying through one’s caps is a prerequisite for the court’s conservative majority

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Texas doctors could now face life in prison for performing abortions

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The endgame is clear

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If you’re wondering what it’s like inside the mind of an asshole

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An annual holiday!

Elsewhere!

We’re Not Going Back to the Time Before Roe. We’re Going Somewhere Worse (New Yorker)

Alito was “proud” of fighting to overturn Roe v. Wade as early as 1985 (The Washington Post)

“A Woman Has No Rights to Speak Of”: Liberals’ Supreme Court Dissent (Intelligencer)

Abortion laws by state: Where abortions are illegal after Roe v. Wade (Politico)

Pence calls on abortion opponents to fight to ban abortion in all states (NYT)

Mississippi’s only abortion clinic will be forced to close after court overturns Roe (ABC News)

Senate passes bipartisan gun violence bill, marking breakthrough (The Washington Post)

SOME THINGS THAT ARE CURRENTLY OK FOR A PERSON WITH A UTERUS TO DO UNDER UNITED STATES LAW (The Grudge Report)