That’s not exactly the language of a justice trying to impose theocratic rule, writes QuinHillyer.
Nor, as my colleague Tiana Lowe convincingly explained, will any states do so, even if the high court revisits the question of whether and how those two things are constitutionally protected rights.Yes, Thomas did write a concurring opinion in last week’s Dobbs v. Jackson Women's Health Organization anti-abortion decision that said the court should revisit the cases that created “rights” to contraception and same-sex marriage .
Any speaker of normal English would agree: “Process” is about “how” something is done, not about the content of an unspecified and ever-expanding list of human rights. What the dishonest or ignorant reporting fails to emphasize, though, is that not even Thomas concludes that all the “rights” attributed to “due process” are therefore null and void. Instead, he proactively suggests the rights may be guaranteed elsewhere in the Constitution.
Without getting too deep into the weeds of constitutional law, suffice it to say that Thomas for years has advocated what many constitutional scholars agree would be a logically justified resurrection of the “privileges or immunities” clause. The clause’s use was mistakenly treated as effectively null and void beginning with an 1873 decision known as the Slaughter-House Cases.
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