In their dissent in Dobbs v. Jackson Women’s Health Organization, Justices Stephen Breyer, Elana Kagan, and Sonia Sotomayor said that today’s ruling doesn’t just turn back the clock on reproductive rights, it also “places in jeopardy other rights, from contraception to same-sex intimacy and marriage.”
Writing for the court’s conservative majority, Justice Samuel Alito took note of the dissenters’ concerns, but he dismissed them as foolish. The far-right jurist suggested his center-left colleagues were simply trying to “stoke unfounded fear that our decision will imperil those other rights.”
Perhaps Alito skipped past the concurring opinion from Justice Clarence Thomas. It read in part:
“[I]n 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.”
Thomas added that Griswold, Lawrence, and Obergefell deserve to be overturned because they were “demonstrably erroneous decisions.”
For folks who may not immediately recognize the names of these cases, let’s quickly review what Thomas was arguing.








