Accordingly, we should eliminate it from our jurisprudence at the earliest opportunity.” Chief Critic
“Substantive due process conflicts with that textual command and has harmed our country in many ways. “In future cases, we should ‘follow the text of the Constitution, which sets forth certain substantive rights that cannot be taken away, and adds, beyond that, a right to due process when life, liberty, or property is to be taken away,’” Thomas wrote in his concurrence.
In their dissent, liberal Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor cast doubt on Alito’s assurance that the ruling only applies to abortion, writing “it is impossible to understand” how the “opinion today does not threaten … any number of other constitutional rights.” Crucial Quote
