Sen. Lindsey Graham (R-S.C.) on Sunday said Justice Samuel Alito “set the right tone” by writing in an opinion overturning Roe v. Wade that Supreme Court decisions protecting contraception and same-sex marriage are not in jeopardy.
Graham made the remarks during an appearance on “Fox News Sunday” while noting that he respects Justice Clarence Thomas, who wrote that he wanted to take a look at contraception and same-sex marriage after overturning Roe and abortion protections.
“Alito, I think, set the right tone. He said nothing in this decision puts those cases at risk. The reason he decided that Roe v. Wade was wrongly decided is because it deals with the potential for life,” the senator said.
Thomas joined conservatives in overturning Roe, but in his concurring opinion, the justice said he wanted to examine contraception and same-sex marriage, both of which are protected by Supreme Court decisions.
Thomas argued the Constitution’s Due Process Clause does not give a right to an abortion or to any other substantive rights. He referred to the cases Griswold v. Connecticut, which established the right to use contraception, and Obergefell v. Hodges, which protects same-sex marriage.
Graham, however, said on Sunday that he agreed with Alito that the court did not need to extend its reach into other privacy rights.
“These other privacy issues like contraception do not deal with the potential for life,” the senator said. “He made a distinction between same-sex marriage and contraception, which I think will win the day over time.”