This excerpt is from a piece that originally ran on June 24, 2022.
Rakim Brooks, an appellate attorney and the president of the Alliance for Justice, told Insider he believes Thomas’ opinion on due clause precedents may be seen as a call-to-action for others to begin filing cases that challenge Obergefell, Griswold, and Lawrence.
“He’s trying to begin to turn the machinery of the court system to reconsider precedents that you’ve long since thought are illegitimate because they rely on the substantive due process clause,” Brooks said.
Thomas did not expressly mention the Loving decision in his opinion as a case to be overturned, but Brooks noted the Court could still revisit the precedents set by it in a future case. Thomas, himself, is in an interracial marriage with his wife, Ginni Thomas.
“As the dissenters pointed out, the logic takes you all the way to [eliminating] any right,” Brooks said.
Brooks, who previously clerked for Kavanaugh, told Insider he believes his former boss could still vote in favor of repealing Loving if given the opportunity, despite what he wrote in his concurrence. He pointed to Kavanaugh’s time before the Senate Judiciary Committee where the justice said that Roe v. Wade was “an important precedent” before voting to overturn it years later.