Even if the doctrine of substantive due process were somehow defensible, it is not, petitioners still would not have a claim. To invoke the protectio… - Clarence Thomas

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Even if the doctrine of substantive due process were somehow defensible, it is not, petitioners still would not have a claim. To invoke the protection of the Due Process Clause at all, whether under a theory of 'substantive' or 'procedural' due process, a party must first identify a deprivation of 'life, liberty, or property'. The majority claims these state laws deprive petitioners of 'liberty', but the concept of 'liberty' it conjures up bears no resemblance to any plausible meaning of that word as it is used in the Due Process Clauses.

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About Clarence Thomas

Clarence Thomas (born 23 June 1948) is an American judge who serves as an Associate Justice of the Supreme Court of the United States. He is the second African American to serve on the nation's highest court.

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Additional quotes by Clarence Thomas

As I think back on those years, I find it interesting that many people seemed to have trouble with their identities as black men. Having had to accept my blackness in the caldron of ridicule from some of my black schoolmates under segregation, then immediately thereafter remain secure in that identity during my years at all-white seminary, I had few racial identity problems. I knew who I was and needed no gimmicks to affirm my identity. Nor, might I add, do I need anyone telling me who I am today. This is especially true of the psycho-silliness about forgetting my roots or self-hatred. If anything, this shows that some people have too much time on their hands.

But three decades have evaporated in our lives, too quickly and without sufficient residual evidence of their importance. But much has changed since then. The hope that there would be expeditious resolutions to our myriad problems has long since evaporated with those years. Many who debated and hoped then, now do neither. There now seems to be a broad acceptance of the racial divide as a permanent state. While we once celebrated those things that we had in common with our fellow citizens who did not share our race, so many now are triumphal about our differences, finding little, if anything, in common. Indeed, some go so far as to all but define each of us by our race and establish the range of our thinking and our opinions, if not our deeds by our color.

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It goes without saying that I understand the comforts and security of racial solidarity, defensive or otherwise. Only those who have not been set upon by hatred and repelled by rejection fail to understand its attraction. As I have suggested, I have been there.

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