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24 Jul 2022, 7:05 pm by Sabrina I. Pacifici
Wade and eliminating the constitutional right to abortion, Justice Clarence Thomas wrote a concurring opinion that sent chills through almost anyone who takes the personal freedoms of modern life for granted. [read post]
11 Jul 2022, 8:30 am by JB
And, not to put too fine a point on it, Justice Thomas has already made clear that he is ready to overturn all of the precedents Alito says are untouched by Dobbs. [read post]
8 Jul 2022, 8:30 am by JB
Justice Thomas, for example, makes clear that in his view, the whole doctrine of substantive due process is inconsistent with originalism. [read post]
6 Jul 2022, 3:17 am by Liz Dunshee
And as Lawrence blogged when the draft Dobbs opinion was leaked, without a consistent federal foundation on abortion or other civil rights, we face a system where civil rights differ based on what state you’re in. [read post]
5 Jul 2022, 9:00 pm by Rodger Citron
(The Court subsequently overruled Bowers seventeen years later, in Lawrence v. [read post]
30 Jun 2022, 6:28 am by Nicole Huberfeld
Occasionally, “rational basis with teeth” finds laws lack even a legitimate purpose – Lawrence v. [read post]
28 Jun 2022, 10:48 am by Radhika Rao
” The deceptiveness (“hypocrisy,” says the dissent) of the majority’s effort to reassure that its decision is limited to abortion and has nothing to do with those other rights is made clear by Justice Clarence Thomas’ concurrence: He candidly calls for Griswold, Lawrence, and Obergefell to also be overruled. [read post]
28 Jun 2022, 1:01 am by rhapsodyinbooks
(It should be noted, as Marty Lederman writing for SCOTUSblog pointed out, that DOJ convened a hearing before a designated “hearing officer,” Lawrence Grauman, a well-respected former Kentucky state judge. [read post]
27 Jun 2022, 1:47 pm by Josh Blackman
Only two members remain from that Court--Justices Thomas and Breyer. [read post]
27 Jun 2022, 12:33 pm by Josh Blackman
Over and over and over again, we heard about Griswold, Lawrence, and Obergefell. [read post]
26 Jun 2022, 7:35 am by Jonathan H. Adler
All the above helps explain why I do not believe Dobbs portends any threat to decisions such as Griswold, Lawrence, or Obergefell. [read post]
In a concurrence by Justice Clarence Thomas, he indicated that “we should reconsider all of this Court’s substantive due process precedents including Griswold [the right to contraception], Lawrence [the right to same-sex intimacy], and Obergefell [the right to same-sex marriage). [read post]
25 Jun 2022, 12:01 pm by Ilya Somin
One can say the same thing in about Lawrence's reversal of Bowers. [read post]
24 Jun 2022, 2:47 pm by Joe Patrice
Justice Thomas clarified that Griswold, Lawrence, and Obergefell are next. [read post]