Ex-Judge Calls Thomas Speech ‘Most Important’ Wrongly Given

Former Judge Slams Justice Thomas’s Speech as Detrimental to Conservatism

A former federal judge has strongly criticized remarks made by Supreme Court Justice Clarence Thomas, calling them the “most important speech that should never have been given.” J. Michael Luttig, a retired judge from the U.S. Court of Appeals for the Fourth Circuit and a lifelong conservative, stated that the speech represents a flawed ideology that undermines true conservatism and constitutional principles.

“As a conservative my entire life, I certainly wish Justice Thomas had not written and given this speech,” Luttig said. “It is a far more unfortunate speech for conservatism than it is even for progressivism.”

Speech Lacks Doctrinal, Constitutional Conservatism, Judge Argues

Luttig argued that Justice Thomas intended his speech to be a conservative manifesto for all time, but it fails to represent any established form of conservatism. “What he said is not doctrinal conservatism, it’s not political conservatism, and it is manifestly not constitutional conservatism,” Luttig explained.

He described the ideology as a “bastard strand of conservatism” that emerged from academic circles and later fueled Donald Trump’s rise to power. Luttig believes this philosophy provides the intellectual basis for the MAGA movement and was a key factor in the events of January 6th, 2021.

Historical and Constitutional Inaccuracies Highlighted

The former judge asserted that the speech is factually, politically, and constitutionally wrong. He characterized Justice Thomas’s statements as a “shockingly ahistorical characterization” of both liberals and conservatives.

Luttig emphasized that such views were never intended by the founders of the United States. This criticism comes as the Department of Justice moves to vacate convictions of individuals involved in seditious conspiracy related to the January 6th events, a move Luttig connects to the underlying ideology promoted by Thomas.

Natural Law and Declaration of Independence

Luttig explained that Justice Thomas has long been an adherent of “natural law,” which he equates to the rights mentioned in the Declaration of Independence as being God-given. While Thomas may have rejected natural law as a basis for constitutional interpretation during his Supreme Court confirmation hearings, Luttig pointed out the broader historical acceptance of the Declaration’s principles.

He noted that even progressive presidents, starting with Woodrow Wilson, have embraced the Declaration and its preamble. This tradition, Luttig stressed, has been upheld by both major political parties for 250 years.

Speech Coincides with Nation’s 250th Anniversary

Jeffrey Rosen, a leading scholar on America’s founding, has also rejected the ideas presented in Justice Thomas’s speech in his book, “The Pursuit of Power: Hamilton versus Jefferson.” Luttig highlighted the timing of Justice Thomas’s remarks, coinciding with the nation’s upcoming 250th anniversary on July 4th. He suggested this timing allows Thomas to promote a narrative of America that differs from its actual history. “This is the singular moment in which to do this if you are Justice Thomas,” Luttig stated.

Call for Widespread Scrutiny of Thomas’s Remarks

Despite the criticism, Luttig sees a silver lining: the speech is now public and can be debated. He urged Americans to carefully examine every word of Justice Thomas’s speech, especially during this significant anniversary year.

“Every single word of this speech should be parsed by every single American this celebratory year, because America—this is America’s time of testing, 250 years since the founding,” Luttig urged. He believes Americans must decide what they want the future of the country to be.

Judge J. Michael Luttig is a former federal judge on the United States Court of Appeals for the Fourth Circuit.

Source: 'Most important speech that should never have been given’: Fmr Judge pans SCOTUS justice's remarks (YouTube)