5 comments

[ 3.1 ms ] story [ 32.7 ms ] thread
Suddenly relevant.
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-thoma...

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?

I think GP finds it amusing because one because one of the conservative justices is in an interracial marriage.
Is Loving based on the privacy clause like Roe, Griswold, Lawrence, and Obergefell? I don't think it is.