Justice Thomas is married to a white woman. And the couple lives in Virginia. Prior to the Supreme Court's decision in Loving v. Virginia, the law of the Commonwealth criminalized interracial marriage. In the wake of Dobbs, critics have tried to hoist Justice Thomas on his own petard: Oh yeah, you would overrule Obergefell, but what about Loving? Indeed, Justice McDonald of the Connecticut Supreme Court, who is in a same-sex marriage, got in on the fun with some wordplay:
"Mr. Justice Thomas had much to say today about my loving marriage. Oddly he didn't have much to say about his 'Loving' marriage."
This argument was predictable, and flawed.
