Opinion by Ruth Marcus: The Dobbs dissenters are correct that the logic of the majority threatens contraception and same-sex marriage.
that it encompasses the right of gay individuals to marry the person of their choosing — haven’t created the kind of societal uproar that surrounds the abortion issue.was 5 to 4; three current members of the court — Thomas, Alito and Chief Justice John G. Roberts Jr. dissented — and three conservative justices have since joined their ranks. Nonetheless, it is hard to imagine the court as currently constituted deciding the case the same way.
Thomas may be alone now, but who knows who will be willing to join him down the road? His envelope-pushing is more than doctrinal provocation — it has real-world consequences. It invites conservative activists to bring such challenges. Thanks to President Donald Trump, the lower federal courts are stocked with former Thomas
clerks eager to take up the cause and push the law in that direction. What starts as an extreme, outlier view can migrate into the conservative mainstream.“[L]aw often has a way of evolving without regard to original intentions — a way of actually following where logic leads, rather than tolerating hard-to-explain lines,” the dissenters observe. “[W]hatever today’s majority might say, one thing really does lead to another. We fervently hope that does not happen because of today’s decision.
When you pull on a thread, an entire garment can unravel. Thomas would like to see that happen, and he is tugging, hard, at the fabric of constitutional law. Who knows what will be left when he is done.
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