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Romney Takes a Swipe at Clarence Thomas For Dobbs Opinion: ‘Opened a Lot of Doors No Other Justices Walk Through’

Mediaite logo Mediaite 7/20/2022 Alex Griffing

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Sen. Mitt Romney (R-UT) on Wednesday took a swipe at right-wing Supreme Court Justice Clarence Thomas, arguing that Thomas is an outlier on the court.

“He’s opened a lot of doors that no other justices walk through,” Romney told Vice’s Matt Laslo after the political reporter pointed out Thomas’s “Roe opinion called for revisiting Obergefell.”

Obergefell v. Hodges is the 2015 Supreme Court ruling that made same-sex legal across the United States, a ruling that Thomas targeted in a separate concurring opinion to the one written by Justice Samuel Alito, which overturned Roe v. Wade.

While Alito specifically wrote in the opinion for Dobbs v. Jackson Women’s Health Organization that his reasoning applied only to abortion rights, Thomas took a very different approach and name-checked a whole series of decisions he believed should also be overturned.

“[I]n future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” wrote Thomas. “Because any substantive due process decision is ‘demonstrably erroneous,’ we have a duty to ‘correct the error’ established in those precedents.”

The three cases named by Thomas establish the right to contraception overturned a ban on sodomy and allowed for same-sex marriage.

Romney was asked to weigh in on Obergefell as the House on Tuesday passed the Respect for Marriage Act, which would codify both same-sex and interracial marriage – one right critics were quick to note Thomas, who is in an interracial marriage, did not target.

The Supreme Court overturning federal abortion rights and Thomas’s concurring opinion led to fear that same-sex marriage could be the next federal right to be rolled back to the states – 31 one of which ban same-sex marriage.

The debate has gripped the U.S. Senate as senators have come out on all sides of the issue. Ohio Republican Rob Portman, who is co-sponsoring the bill in the Senate, has said support for same-sex marriage is now “obvious” in the GOP. While Sen. Marco Rubio (R-FL) called the Respect of Marriage Act a “stupid waste of time.”

Romney has not gone on the record yet saying how he will vote, but all four of Utah’s Republican members of Congress voted in favor of the House bill.

The post Romney Takes a Swipe at Clarence Thomas For Dobbs Opinion: ‘Opened a Lot of Doors No Other Justices Walk Through’ first appeared on Mediaite.
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