So Bret presented this chestnut.
Kavanaugh highlights Loving and other important substantive due process in assuring the public that todays majority decision in Dobbs leaves them untouched. I emphasize what the Court today states: Overruling Roe does not mean the overruling of those precedents, and does not threaten or cast doubt on those precedents, Kavanaugh wrote.
Maybe a smart person can explain to me why Mr. Kavanaugh should be taken at his word?
I'd take his comments as a signpost of what's next.
But Thomas did exclude Loving from his list of substantive due process items up for attack. Hmm.
It rests at least as much on the Equal Protection Clause.
Of course... so do most of the others listed.
As long as Thomas is alive. He may be crooked as hell, but he's not going to place himself in legal jeopardy.
If his marriage is null and void, he can walk away with whatever he wants, and she can find her own way. That is, until he finds himself becoming 3/5ths of a person depending on the state he lives in.
Obergefell ruling was founded on Loving. If Obergefell no longer protects non-cis marriages, then Loving no longer protects "mixed race" marriages.
Because that's where he's going with his statement.
It would be easy for him to sidestep miscegenation laws. There were only 16 states where those were still on the books with Loving v. Virginia was ruled on by SCOTUS.
Plus, as we saw with the federal government's rush to protect SCOTUS judges from being exposed to protests, Thomas is part of the ruling elite. They have different laws and a different reality in a nation that ridiculously maintains itself as inherently class-free.
Loving from the list of substantive due process cases he would overule.