Thomas has not directly suggested revisiting Loving. However, the substantive due process doctrine he is so critical of is part of the basis to Loving. However, another part was equal protection, and he could defend Loving on that basis.
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Agreed, though they’ll argue (disingenuously) that equal protection is not violated as people of different colors are fully free to marry after their own kind and those marriages would be respected. They’ll argue something along those lines when they overturn Obergefell.
dec 3, 2024, 8:12 pm • 0 0 • view
That is indeed one of the arguments Virginia advanced when defending its criminal conviction of the Lovings for being married to each other. medium.com/@keithdb/sub...
dec 3, 2024, 8:19 pm • 1 0 • view
And now we probably have SCOTUS justices that will entertain those arguments.
dec 3, 2024, 8:21 pm • 0 0 • view
You might find this interesting too. keithdb.medium.com/passing-the-...
dec 3, 2024, 8:34 pm • 1 0 • view
Thanks @keithdb.bsky.social I’ll read this one too.
dec 3, 2024, 8:37 pm • 0 0 • view