Clarence Thomas Sends Democrats Spinning
The Supreme Court’s decision to overturn Roe v. Wade was a victory for all constitutional Americans. Because of their decision, the people (through their elected representatives) once again have the right to decide whether or not to legalize abortion. However, the conclusion reached regarding Roe brings about a new set of circumstances. Other cases were decided using reasoning very similar to that used in Roe v. Wade. Does this imply that the verdicts in these cases should also be reversed? Justice Thomas is of the opinion that this is the case, and he wrote that the court ought to reconsider these rulings. And Democrats are experiencing a full-blown state of panic.
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In case there was any confusion, the Supreme Court’s decision only pertained to abortion. But Thomas thinks that other related cases that rely on the substantive due process should also be overturned because of the reasoning that they used to overturn the Roe v. Wade decision.
According to Thomas, substantive due process has essentially become a blank check for the justices to legislate their morality from the bench onto the American people. This is Thomas’s interpretation of what has happened. Thomas specifically brought up two cases: one that decided a person’s “right” to have access to contraceptives, and the other that decided the “right” of the government to recognize same-sex unions as marriage. Both cases involved the “right” of the government.
It is important to keep in mind that this is only Thomas’ opinion and not the opinion of the other judges who signed on to the majority opinion. In regard to these issues, the majority of the court’s opinions were not in agreement with Thomas. In addition, before the court could consider making any modifications, fresh cases would first need to be brought before it. However, the Democratic Party was thrown into disarray as a result of his opinion. If these cases were to be overturned, a significant portion of the “progressive” stance taken by Democrats over the past few decades would be nullified.
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A great number of liberal commentators even questioned why Thomas mentioned these particular cases but not Loving v. Virginia, which invalidated all state laws prohibiting interracial marriage on the basis of substantive due process. Loving v. Virginia was one of the cases that Thomas mentioned. Which they refer to as hypocritical due to the fact that Thomas is married to a white woman despite being a black man.
It’s possible that he didn’t bring up the Loving case for a variety of reasons, including the fact that our society has come to broadly accept interracial relationships and that very few states (if any) still have laws on the books that prohibit them. It’s safe to assume that the same cannot be said about these other concerns and values.
The radical agenda of the Democrats is a source of concern for them because, if Thomas had his way, it might be relegated to the dark ages. And there is really nothing that can be done about it from their end. These decisions were made by the court, which prevented the legislature and the voters from having a say in the matter. For years, Democrats have taken advantage of the judicial system to push their agenda, even though they were well aware that the majority of Americans would not support it.
If progressives were so sure that Americans wanted progressive policies like same-sex marriage, then why don’t they just put their faith in the will of the people? But the left is well aware that the majority of Americans would not agree with them, which is why they are so terrified.