Name: Clarence Thomas and the Continuing War on the Supreme Court
Uploaded: 2026-04-24T21:27:00Z
Duration: 7 min 2 s
Description: Unruly Republic: Speaking at the University of Texas law school on April 17, 2026, Justice Thomas lamented incivility and Wilsonian progressivism—extremes that columnist Barton Swaim argues have been fueled by leaks and the targeting of conservative Supreme Court justices.

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Unruly Republic: Speaking at the University of Texas law school on April 17, 2026, Justice Thomas lamented incivility and Wilsonian progressivism—extremes that columnist Barton Swaim argues have been fueled by leaks and the targeting of conservative Supreme Court justices. Photo: Eric Gay/AP/Uppa/Photoshot/Zuma Press

https://m.wsj.net/video/20260424/d403f223-8bd1-4683-9de4-dd73ebd5d3ff/1/hls/manifest-hd-wifi.m3u8

Unruly Republic: Speaking at the University of Texas law school on April 17, 2026, Justice Thomas lamented incivility and Wilsonian progressivism—extremes that columnist Barton Swaim argues have been fueled by leaks and the targeting of conservative Supreme Court justices.

Clarence Thomas and the Continuing War on the Supreme Court

The century of progressivism did not go well. The European system that Wilson and the Progressives scolded Americans for not adopting, which he called nearly perfect, led to the governments that caused the most awful century that the world has ever seen. Stalin, Hitler, Mussolini, and Mao all were intertwined with the rise of progressivism, and all were opposed to the natural rights on which our declaration are based.

Speaking at the University of Texas Law School on April 17th, Justice Clarence Thomas delivered an address in which he argued that early 20th century progressivism denied the declaration's principles of equality before God and the consent of the governed.

It holds that our rights and our dignities come not from God, but from government. It requires of the people a subservience and weakness incompatible with a constitution premised on the transcendent origin of our rights.

The reaction from a lot of pundits was to make the whole speech about American politics, and especially about Donald Trump.

The overarching significance of the speech is really that it is the intellectual underpinnings for the current president, his presidency, and his MAGA movement.

Now, I don't know Justice Thomas, but all who do attest to the man's cheerfulness and affability. Notable then was an exchange during the Q&A after the speech.

You've spoken often about the warmth and friendship among the Supreme Court justices, despite deep ideological divides. What is the most important factor in maintaining that culture in such a time of polarization?

The answer began jarringly.

When I've said a lot of that, it was when I first went to the court, and that was a different court. That was a court that was a World War II generation. These were people who respected, they were more in that tradition of a civil society, et cetera, and who would listen to different points of views.

He then pivoted to talking about today's students.

I think this generation of kids have been, they're in a different world. They're in a world in which I think Marcuse and the people who advocated intolerance 30, 40 years ago would be happy with this intolerant view, view that your enemy, that the people who disagree with you are your enemies.

Thus did Justice Thomas hint that some element of militant intolerance has crept into the justice chambers.

My body!

My choice!

It was the leak of Justice Samuel Alito's draft majority opinion in Dobbs v. Jackson, the 2022 decision overturning Roe v. Wade, that damaged the justice's traditional comedy. "The league created an atmosphere of suspicion and distrust.," Justice Alito told my colleagues here at the journal, going on to say, "We worked through it, but it was damaging."

Abort!

Abort, abort, abort!

Between the appearance of Justice Alito's draft opinion on May 2nd and the decision's official appearance on June 24th, rowdy protestors gathered illegally outside the homes of Republican-appointed justices.

He reportedly told police he intended to murder the Justice.

Then on June 8th, Nicholas Roskey was arrested outside the home of Justice Brett Kavanaugh in Chevy Chase, Maryland.

Reportedly, he indicated he was angry at the decision he thinks the court may reach in an upcoming case in light of the unconscionable leak from a few weeks back.

Why it took almost two months after the leak to complete all concurrences and dissents and published the decision remains a mystery. Three days after Justice Thomas delivered his address, another Supreme Court leak, this time to "The New York Times." The documents date from 2016, and involved the court's five to four decision to stay the Obama era EPA's Clean Power Plan, designed to force power plants to lower their carbon emissions, honing in on the court's emergency docket, which deals with things like stays and emergency injunctions. Its use that night, the article says, marks the birth, many experts believe, of the court's modern shadow docket, the secretive track that the Supreme Court has since used to make many major decisions, including granting President Trump more than 20 key victories on issues from immigration to agency power. Many experts believe a lot of things. In fact, as Taraleigh Davis details in SCOTUS blog, the emergency docket has been used in precisely the way the time story describes since long before 2016. The shadow docket only attracts adverse attention in the 2020s, because the court has moved in a conservative direction. The court's franker enemies justify their behavior by claiming that its current conservative majority was achieved by, as they see it, ill means, first, when Merrick Garland was denied a hearing in 2016, and second when Amy Coney Barrett was given one in 2020.

The dogma lives loudly within you.

It's not a new phenomenon. The work of destroying Conservative justices dates at least to 1987, when Ted Kennedy attempted to destroy the reputation of Judge Robert Bork.

Robert Bork's America is a land in which women would be forced into back alley abortions, Blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, and school children could not be taught about evolution.

I would rather be Garlanded than Borked.

Since Wilson's presidency, progressivism has made many inroads into our system of government and our way of life.

The undermining and smearing of the court's Conservative justices will go on, its perpetrators unresponsive to arguments about law or pleas for decency. Their behavior, in a way, vindicates Justice Thomas's argument about Wilsonian progressivism, which, at its ugly core, is the belief that experts know best, and objectors had better get out of the way.

He lamented that we do too much by vote and too little by expert rule. He proposed that the people be ruled by administrators who used them as tools. He once again aspired to be like Germany, where the people, he said admiringly, were docile and acquiescent.

WSJ Opinion: Clarence Thomas and the Continuing War on the Supreme Court

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