Do You Think We'll See Democrats Try to Codify the Right to Gay Marriage and Contraception?

Justice Clarence Thomas once was an outlier for his legal views. But Thomas is now the heart of the Court’s conservative bloc, and his concurring opinion in the recent abortion ruling calls out some other precedents the Court might overturn. Jeannie Suk Gersen teaches constitutional law at Harvard Law School and clerked for former Justice David Souter on the Supreme Court; she has been covering the end of Roe v. Wade for The New Yorker, and she spoke with David Remnick about Thomas’s concurrence. It articulates a view more extreme than Justice Alito’s majority opinion, saying that other rights derived from privacy—such as contraception and same-sex intimacy—are not constitutional rights at all. “We have to remember he’s been saying it out loud for quite some time,” Suk Gersen says. “This is not a new thing from Justice Thomas. It’s just that we normally—over decades—didn’t pay that much attention to him, because he was alone in his dissents and concurrences.”