Conservatives, constitutionalists, originalists, or whatever other attributes you want to assign to them, U.S. Supreme Court Justices like the late, great Antonin Scalia, and current Justices Clarence Thomas, and Samuel Alito have always strived to get every ruling right, based solely on the original intent of our founding fathers.
When the court rules incorrectly in a case, there is an internal nagging that stays with justices like these three, to someday correct what they perceive as errors.
Justice Thomas sent shockwaves through social liberal communities by suggesting in his concurring opinion with the Court’s ruling on Roe v. Wade on Friday that the judicial body should also revisit several key rulings that are politically charged.
In his concurring opinion, Thomas wrote that “[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,” he continued.
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.
The 6-3 decision in Dobbs v.s. Jackson Women’s Health Organization on Friday followed the early May leak of a draft opinion indicating which way the justices would rule. The leak has led to protests across the nation.
Justice Samuel Alito wrote that Roe and a subsequent case, Planned Parenthood v. Casey, which upheld Roe, both must be overturned, and the right to allow, deny, or restrict the right to an abortion must reside with states.
Both the New York Times and Washington Post published opinion columns on Wednesday warning about the conservative movement’s “ugly uprising” against LGBTQ rights.
The Post’s Alyssa Rosenberg feared that conservatives were looking to erase the “more tolerant future” for LGBTQ people in America, while The Times’s Charles M. Blow claimed the right was forcing LGBTQ folks into “cultural gay ghettos.”
Both columns expressed alarm at the conservative movement’s recent efforts to challenge aspects of the LGBTQ agenda, mentioning the backlash against a new Disney/Pixar movie, Florida’s Parental Rights in Education Bill, wrongly labeled “Don’t’ Say Gay” by homosexual activists, and Christian and traditional Americans opposition to the drag queen story hour events for children.
In my opinion, these liberal publications are once again calling for the feelings and the desires of social justice activists to be placed over the actual text and intent of the authors of the U.S. Constitution.
Thomas is asserting that in all cases, like the “gay marriage” decision, which he feels wrongly created a national right using the fourteenth amendment, should be reconsidered as it and others should have instead been left up to the states to decide under the 10th amendment.
Thus the conflict goes on between those who want to live with the constraints of the written Constitution and those who want it to evolve, or even go away eventually.
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Conservative independent talk show host and owner of https://MAGABOOK.com. USMC Veteran fighting daily to preserve Faith - Family - Country values in the United States of America. Check out my podcast - https://www.spreaker.com/show/finish-the-race
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