Re:The future of privacy rights in a post-Roe world
by hn_throwaway_99 on Wednesday June 29, 2022 @01:51PM
(#31923497)
One more thing to add the above comment. The ruling in Loving v Virginia, which is what allows interracial marriages like Thomas' to exist in Virginia in the first place, is also based on substantive due process (which is what underlies the privacy right in all these cases).
Quite conveniently, Loving v Virginia was not one of the rulings that Thomas argued needed revisiting.
Re:The future of privacy rights in a post-Roe world
by delecti on Wednesday June 29, 2022 @02:12PM
(#31923747)
Loving v Virginia is based both on due process and equal protection. He's not necessarily a hypocrite to be against Loving but not Roe.
But he did call out Obergefell, which is also based on equal protection, so he is very much a hypocrite for calling out that but not Loving.
That is demonstrably not true. Robert Bork may be dead, but many folks still believe what he said, which was that the Constitution does NOT guarantee a general right to privacy. Thomas specifically argued that the court should also look at overturning the right to contraception, private consensual sex, and gay marriage specifically because the same privacy right underlies those rulings.