Justice Thomas often writes separate opinions that fail to garner the votes of other justices. No matter. They always hit their intended targets: the conservative judges of the lower federal courts. Though Justice Thomas’s legal theories seem off the wall to many, in the hands of these acolytes, many of whom are former Thomas clerks, they flourish in the lower courts, widening the Overton window of mainstream opinion and shifting the terms of our debates. In his concurring opinion, despite the majority’s assurances that the Dobbs decision is limited to abortion and does not implicate other rights, Justice Thomas endorses reconsidering the Griswold, Lawrence and Obergefell rulings. These decisions recognize a right to use contraception, the right to engage in same-sex relationships and the right to same-sex marriage. [emphasis added]
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