4 ms·

Suddenly relevant.

• mmastrac 4y ago
  Somewhat amusing that one of the justices suggested reconsidering all of the "big" cases of the past but omitted Loving v Virginia for some odd reason. "In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell" [1] [1] https://www.theguardian.com/world/2022/jun/24/clarence-thomas-roe-gay-marriage-contraception-lgbtq https://www.theguardian.com/world/2022/jun/24/clarence-thoma...
  • corkybeta 4y ago
    What threshold has to be met to be substantive due process? Does Loving meet that criteria or is it a lesser due process ruling? The Wikipedia page also mentions the equal protection clause; will the ruling survive if only one basis of the ruling falls?
    • bckr 4y ago
      I think GP finds it amusing because one because one of the conservative justices is in an interracial marriage.
  • missedthecue 4y ago
    Is Loving based on the privacy clause like Roe, Griswold, Lawrence, and Obergefell? I don't think it is.