Thomas has been a reliable opponent of the illegitimate doctrine of “substantive due process,” a concept allowing judges to create rights out of thin air and impose them on the people without any recognition of the primacy of the legislative process. Over many years it has cut both ways but mostly in recent decades used by leftist activists on the court.
Hear, hear.
The Rule by Judicial Fiat needs to end. Instead of the hard work of reform and repeal of laws outdated by cultural mores of the current times, the misuse of appellant courts has been terrible.