‘Correct the Error’: Clarence Thomas Says SCOTUS Should Reconsider Decisions on Contraception, Same-Sex Marriage

Supreme Court Justice Clarence Thomas said Friday that the high court should “reconsider” earlier decisions finding constitutional rights to contraception and same-sex relationships through a controversial legal theory.

Thomas ruled with the majority on Friday in Dobbs v. Jackson Women’s Health Organization, a highly-anticipated decision that overturned the 1973 decision in Roe v. Wade, which codified a right to an abortion in federal law. The same legal theory that supported a right to an abortion in Roe was also used in a handful of other cases to justify rights discovered through “substantive due process.”

Thomas wrote in a concurrence to Justice Samuel Alito’s majority opinion that “we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”