BY JAMES BARRAGÁN, Texas Tribune, texastribune.org

Tucked inside the U.S. Supreme Court’s ruling Friday that overturned the long-held constitutional protection for abortion was a concurring opinion from conservative Justice Clarence Thomas. In it, he pushed the court to revisit cases that have already been decided related to contraception and same-sex marriage.

Fueling already heightened anxieties from women and LGBTQ groups that the end of Roe could be the tip of the iceberg, Thomas wrote that “in future cases, we should reconsider all of this Court’s substantive due process precedents.”

“Because any substantive due process decision is ‘demonstrably erroneous,’ we have a duty to ‘correct the error’ established in those precedents,” Thomas wrote.

Experts told The Texas Tribune that Thomas’ opinion signals an openness from the court to reconsidering other settled legal precedents related to rights the court has ruled are protected by the constitution.

“The Supreme Court’s decision has brought us into a new era where they are taking away rights instead of giving them,” said Rocio Fierro-Pérez, political coordinator for the Texas Freedom Network, which advocates for individual liberties. “Abortion access is one of several fundamental rights that’s under attack including our right to vote, racial justice, LGBTQ rights, and they’re all intertwined with our right to liberty in which Roe v. Wade was grounded.”

Emily Berman, associate professor of law at the University of Houston Law Center, said Thomas’ opinion sends a strong message.

“He’s saying ‘This opinion doesn’t do it because people haven’t asked us to, but I think people should ask us and we should reconsider this entire area of law,’” Berman said.

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