Tornado Alley (PROG)

[sortagreen]

"I think it could be seen as based on the right to privacy. Just like gay marriage and the right to abortion and contraception."

I'm agreeing with you.

That is exactly what Thomas is questioning as having no validity... It was their basis for overturning Roe, and Thomas wants to overturn Griswold, and Obergefell and anything else based on that concept of "substantive due process" as it's called. If they can overturn Roe, they can overturn Loving.

Substantive due process is a principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if procedural protections are present or the rights are unenumerated (not specifically mentioned) elsewhere in the U.S. Constitution. Courts have asserted that such protections come from the due process clauses of the Fifth and Fourteenth amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law". Substantive due process demarks the line between those acts that courts hold to be subject to government regulation or legislation and those that courts place beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent.[1]

Substantive due process is to be distinguished from procedural due process. The distinction arises from the words "of law" in the phrase "due process of law".[2] Procedural due process protects individuals from the coercive power of government by ensuring that adjudication processes, under valid laws, are fair and impartial. Such protections, for example, include sufficient and timely notice of why a party is required to appear before a court or other governmental body, the right to an impartial trier of fact and trier of law, and the right to give testimony and present relevant evidence at hearings.[2] In contrast, substantive due process protects individuals against majoritarian policy enactments that exceed the limits of governmental authority: courts may find that a majority's enactment is not law and cannot be enforced as such, regardless of whether the processes of enactment and enforcement were actually fair

https://en.wikipedia.org/wiki/Substantive_due_process