AUSTIN, Texas — Lifelong conservative legal figure Judge J. Michael Luttig responded to a recent address by Justice Clarence Thomas, writing that it “could prove to be the single most important speech of political and constitutional philosophy that never should have been given.” In Luttig’s essay, he described the speech as a major moment in current political debate and a consequential statement about the direction of American conservatism.
Luttig framed his critique through his own ideological background, writing, “I certainly wish Justice Thomas had not written and given the insidious speech.”
He wrote that Justice Thomas’s “unmistakable targets were Progressives and progressivism.” However, Luttig argued that the speech was “far more injurious to Republicans, conservatives and conservatism” because it was “demonstrably and inarguably wrong.”
Luttig centered his criticism on what he described as factual and historical inaccuracies. He characterized the speech’s influence as “a siren song to today’s Republicans and conservatives.”
According to Luttig, “Justice Thomas intended his speech as a Republican and conservative manifesto for our times.” He argued that the address sought to shape the direction of conservative thought in the current political climate.
To distinguish those views from traditional conservatism, Luttig wrote that they are “neither doctrinal conservatism nor Republican nor political conservatism.” He reinforced that point by stating, “No one should mistake for true conservatism … the political and constitutional philosophies that Justice Thomas has embraced.”
Discussing the origins of those ideas, Luttig described them as “a bastard strand of conservatism” that developed outside the mainstream. He added that they were later elevated in public discourse during President Donald Trump’s rise to political power beginning in 2016.
He continued by writing that those philosophies “represent the intellectual … philosophies for Donald Trump’s two presidencies.” Luttig argued that the ideas discussed in the speech had influenced both public opinion and governing practices.
Luttig went further, claiming those same philosophies “underlaid and justified Donald Trump’s failed plan to cling to power on January 6, 2021,” underscoring what he described as the constitutional significance of the arguments advanced in the speech.
He also wrote that the speech’s historical claims and context were “simply and demonstrably, wrong as a matter of historical fact.” In addition, he described its portrayal of liberals and conservatives as “a shockingly and reprehensibly ahistorical characterization” of both groups.
Luttig labeled the ideas expressed in Thomas’s speech “a radical understanding of American and world history.” He contrasted those views with the nation’s founding principles, writing, “This is emphatically not what the Founders … contemplated.”
He noted that “the historical flaws … are many and every one … has already been identified,” indicating that the concerns extended beyond his own analysis and had been recognized more broadly.
Luttig then challenged the claim that progressivism originated in earlier European or radical ideologies, writing that progressivism is “traceable directly back to … Theodore Roosevelt,” offering a competing historical interpretation.
Addressing another major claim, Luttig wrote that Thomas linked modern progressivism to extreme ideologies, stating he “blames all progressives … including Stalinism … Nazism, and worse.” Luttig described that assertion as “frightening, risible, and reprehensible.”
In response, Luttig pointed to historical examples of progressive leaders who “regarded the Declaration of Independence and the Constitution as the ‘promissory notes.’” He added that “virtually no other Progressive … has … rejected” the principles of the Declaration, and that “every single progressive president … has unhesitatingly embraced” them.
In the final section of his essay, Luttig turned to recent political developments, writing that “it has never been the case … until … the past 10 years” that a political party has rejected foundational principles. He concluded that current leaders “act in denial of the Declaration of Independence and the Constitution,” linking Justice Thomas’s speech to broader debates over the state of American democracy.
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“Lifelong conservative legal figure Judge J. Michael Luttig”
Luttig hasn’t been acting like a conservative for several years now.