ROCHESTER, NY (WROC) — Following the overturning of Roe v. Wade, Supreme Court Justice Clarence Thomas said last week “in future cases — we should reconsider all of this Court’s substantive due process precedents,” including cases like contraception and same-sex marriage.
Since the ruling last week, activists have warned that the conservative majority on the U.S. Supreme Court will try and do away with other rulings, like same-sex marriage and contraception.
“I don’t think there’s any realistic basis for that concern,” Attorney Sheldon Boyce of Brenna Boyce law firm said.
Boyce says the decision on Roe is specifically about whether the Constitution confers a right to an abortion. “And this case simply holds that it doesn’t, and it says that the authority to regulate abortions returns to the people,” he said.
And although Justice Thomas talked about revisiting other cases, Boyce said it’s not clear if any other justices share his opinion. “He’s a minority of one. He’s the only one on the court that’s even raising that issue.”
At a pride gathering in Henrietta on Monday night, David Bergmann said he feels uneasy after Roe’s overturn — but like Boyce — agrees that Justice Thomas stands alone on the other issues.
“That’s going to be an uphill climb for him, I don’t think any of the other justices are going to go down that road,” Bergmann said.
According to Boyce, the stance other justices may or may not take on past cases is pure speculation. “Just reading this decision, I don’t think it’s likely,” he said.
The liberal justices on the court said this week that “no one should be confident that (the conservative majority) is done with its work.”
The specific cases Justice Thomas is looking to revisit are Griswold v. Connecticut (1965), Lawrence v. Texas (2003,) and Obergefell v. Hodges 2015.