BETTING À DAY
The US Supreme Court ruling burying the right to abortion has reignited speculation about the fate of other vested rights, including same-sex marriage, revived by one of the justices' arguments the most conservative.
“In future cases” also concerning privacy, “we should review all case law,” wrote High Court Judge Clarence Thomas, in a personal argument that accompanies the decision.
Notably, he cites three judgments in particular: “Griswold v. Connecticut” of 1965, which enshrines the right to contraception, “Lawrence v. Texas” of 2003, which makes unconstitutional the laws criminalizing sexual relations between persons of the same sex.
And, also, “Obergefell v. Hodges,” the 2015 ruling protecting universal marriage at the U.S. level, and which remains a priority target of the religious right.
According to Clarence Thomas, these jurisprudences being based on the same provision of the Constitution as the one, now invalidated, which protected the right to abortion, the Court has “the duty to 'correct the error'” that they had established .
It would then remain to be analyzed whether other passages of the Constitution “guarantee the myriad of rights” thus “generated”, he explained.
It is for the moment only the opinion of a judge – out of the nine who constitute the temple of American law -, and nothing says that he will manage to impose it on others.
< p>Friday's decision itself, adopted by a majority of the judges, writes in black and white that “nothing in this judgment should be interpreted as calling into question case law unrelated to abortion”.
One of the most recently appointed conservative justices, Brett Kavanaugh, takes his own argument further by saying that undermining abortion rights “does not threaten” other rights.
But the profound overhaul of the Supreme Court under the presidency of Donald Trump, who appointed three new judges, including Brett Kavanaugh, and thus gave a clear majority to the conservatives, made fear the Democrats, lawyers and many associations that d other rights, including that of marriage for people of the same sex, may soon be in the hot seat.
Appointed by George Bush Sr., Clarence Thomas has been his seat since 1991.
After a leak that pre-announced the decision on abortion, President Joe Biden warned that “every decision” about Americans’ “privacy” and “a whole host of other rights” risked being challenged. question.
Sign of this concern within the Court itself, the three progressive magistrates dissented from the majority which they say “endangers other privacy rights, such as contraception and same-sex marriages”.