In remarks on Friday, President Biden highlighted Thomas’ concurring opinion, saying it signals “an extreme and dangerous path the court is now taking us on.” The Biden administration and civil rights advocates had warned that if conservative justices overturned the 1973 landmark Roe decision that established the right to abortion, they could soon curtail other freedoms as well. “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, who was appointed by President George H.W. Thomas has repeatedly cast doubt on this legal principle, calling it an “oxymoron that ‘lack any basis in the Constitution.’” And, because “any substantive due process decision is ‘demonstrably erroneous,’” the court needs to revisit the rulings, Thomas argued. All three rely on substantive due process, the idea that the Constitution protects certain rights its text doesn’t explicitly mention.
In a historic reversal, the Supreme Court strikes down a half-century of nationwide abortion rights in the U.S.Īlthough Thomas signed on to the majority opinion, he wrote separately to urge the high court to reexamine these cases. Wade, permitting states to outlaw abortion
Politics In historic reversal, Supreme Court overturns Roe vs.
