Justice Thomas Drops Hint About Next ‘Error’ The Supreme Court Should ‘Correct’


OPINION: This article may contain commentary which reflects the author's opinion.

The U.S. Supreme Court officially overturned Roe v Wade last week, the landmark case that legalized abortion.

In his concurring opinion with the ruling, Justice Clarence Thomas suggested that the Supreme Court should revisit several key rulings that are politically charged.

Thomas wrote that “in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”

“Because any substantive due process decision is ‘demonstrably erroneous,’ […] we have a duty to ‘correct the error’ established in those precedents,” he continued.

Thomas appeared to suggest the Supreme Court should reconsider contraception and gay marriage rulings.

Fox News reported:


Griswold v. Connecticut was a landmark 1965 case which ruled the use of contraception between two married individuals was a matter of privacy and constitutionally protected.

Lawrence v. Texas in 2003 dealt with homosexual sex between consenting parties, and Obergefell v. Hodges treaded the same territory in 2015 to rule gay marriage as a constitutionally protected right to privacy.

Thomas speculated that overturning Roe would provide a blueprint for revisiting years’ worth of decisions that he says are “demonstrably erroneous.”

“After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated,” Thomas wrote.

The decision in Dobbs v.s. Jackson Women’s Health Organization on Friday came after a draft majority opinion written by Justice Samuel Alito was leaked to Politico in early May.


“Roe was egregiously wrong from the start,” Alito writes.

“We hold that Roe and Casey must be overruled,” he wrote in the document. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

“We, therefore, hold the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito added in the document, labeled the “Opinion of the Court.”

Former President Donald Trump called the Supreme Court decision overturning Roe v. Wade “the biggest WIN for LIFE in a generation.”

Trump said the ruling and other recent court decisions “were only made possible because I delivered everything as promised, including nominating and getting three highly respected and strong Constitutionalists confirmed to the United States Supreme Court.”


“It was my great honor to do so!” Trump said.

Trump was referring to the fact that he nominated three of the five conservative Supreme Court justices who voted to overturn Roe v. Wade: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

Trump, in his statement, said he “did not cave to the Radical Left Democrats, their partners in the Fake News Media, or the RINOs [Republicans in Name Only] who are likewise the true, but silent, enemy of the people.”

“These major Victories prove that even though the Radical Left is doing everything in their power to destroy our Country, your Rights are being protected, the Country is being defended, and there is still hope and time to Save America! I will never stop fighting for the Great People of our Nation!” Trump added.

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