So I just don't buy this idea that now we're going to be overturning gay marriage, that we're going to be overturning, like, for example, contraception. I just don't buy it. Why? Because nobody in the country is arguing for outlawing contraception.View on YouTube
As of November 30, 2025, the U.S. Supreme Court has not overturned the constitutional right to same‑sex marriage. Obergefell v. Hodges (2015) remains binding precedent, and the Court recently declined to hear a case (Davis v. Ermold) that explicitly asked it to overturn Obergefell, rejecting the petition without comment and leaving nationwide marriage equality in place.(apnews.com)
Likewise, the Court has not overturned the constitutional protections for contraception established in Griswold v. Connecticut and its progeny; those decisions are still good law. Justice Clarence Thomas’s Dobbs concurrence did call for reconsidering Griswold (contraception) and Obergefell (same‑sex marriage), but the Court has not acted on that suggestion, and Griswold’s recognition of a constitutional right for married couples to use contraception remains in force.(washingtonpost.com)
There is also no national legal regime outlawing contraception. Federal law does not ban contraceptives; instead, Congress has seen repeated efforts to protect access via the Right to Contraception Act and related bills, and the FDA continues to approve and even expand over‑the‑counter contraceptive options. Access has become more fragmented, with many residents in states that restrict or complicate contraceptive access, and federal and state policies have reduced funding or coverage in some contexts, but these are not a nationwide prohibition.(guttmacher.org)
Because (1) Obergefell and the core constitutional protections for contraception remain intact, and (2) no nationwide legal ban on contraception has emerged, Sacks’s prediction is substantively correct as of the current date.